-
About DAEON
-
Our Team
-
Practice Areas
-
Case Results
-
Resources
-
Contact Us
Divorce & Adultery
- Divorce by Agreement
- Divorce by Mediation
- Judicial Divorce
- Custody, Parental Authority
& Visitation - Division of Property
- Adultery Damages Claims
Parental Authority and Its Exercise
Parental authority refers to the personal and property-related rights and duties that parents hold with respect to their minor children. Parents hold parental authority over their minor children;
in the case of an adopted child, the adoptive parents do. While the parents are married, parental authority is exercised jointly; upon divorce, a holder of parental authority must be designated.
Designation of the Holder of Parental Authority
In a divorce by agreement
In a divorce by agreement, the spouses must agree on who will hold parental authority. If they cannot or do not reach agreement, the Family Court designates the holder of parental authority, either on its own initiative or upon a party's request. Even after the designation, the Family Court may change the holder of parental authority where necessary for the child's welfare, upon the request of a relative of the child within the fourth degree of kinship.
In a judicial divorce
In a judicial divorce, the Family Court designates the holder of parental authority on its own initiative. Even after the designation, the Family Court may change the holder of parental authority where necessary for the child's welfare, upon the request of a relative of the child within the fourth degree of kinship.
In a divorce by agreement, the spouses must agree on who will hold parental authority. If they cannot or do not reach agreement, the Family Court designates the holder of parental authority, either on its own initiative or upon a party's request. Even after the designation, the Family Court may change the holder of parental authority where necessary for the child's welfare, upon the request of a relative of the child within the fourth degree of kinship.
In a judicial divorce
In a judicial divorce, the Family Court designates the holder of parental authority on its own initiative. Even after the designation, the Family Court may change the holder of parental authority where necessary for the child's welfare, upon the request of a relative of the child within the fourth degree of kinship.
Custody Rights and Their Exercise
The fact that custody arrangements are set at divorce does not alter the rights and duties between parents and children. The blood relationship between parent and child continues,
and the parent's right to consent to a minor child's marriage, the duty of support, inheritance rights, and the like all remain intact.
Petition to Change the Holder of Parental Authority or the Custodian
Even if the holder of parental authority and the custodian were determined at the time of divorce, they can be changed where necessary for the child's welfare.
The holder of parental authority can be changed by petitioning the Family Court. The custodian can be changed by agreement between the parties after the divorce; if no agreement is reached,
a petition for change can be filed with the Family Court.
Child Support
Because the cost of raising a child is, as a rule, shared by both parents, if one parent is the custodian after divorce, that parent may claim child support from the other parent in proportion to the other parent's share;
if a third party is the custodian, child support may be claimed from both parents.
In general, the obligation to pay child support lasts until the child reaches adulthood (age 20), and the specific amount is determined in light of the parents' financial circumstances and other relevant factors.
PROCESS
DAEON's signature
Hands-on Client Support
-
01Request a Consultation
Our Managing Partner conducts the consultation personally,
gaining a precise understanding of the core of your case and where things stand. -
02
Engagement & Initial Response
Once we are retained, a dedicated attorney is assigned
and work on the initial response and strategy begins immediately. -
03
Evidence & Case Review
We closely examine the facts of your case and the evidence,
and systematically analyze the key issues. -
04
Tailored Strategy
The attorneys on your case, including our Managing Partner, meet in person
to design a strategy tailored to your specific matter. -
05
Precedent & Legal Analysis
Drawing on DAEON's winning cases, comparable precedents and Supreme Court doctrine,
we identify the most effective course of action. -
06
Drafting & Reviewing Legal Documents
Even after legal documents are drafted, we keep communicating with you
to re-examine and refine their content. -
07
Direct Representation at Investigations & Trial
From attending police questioning and detention-center visits to appearing at every hearing,
we stand with you in person throughout the entire case. -
08
Results & Follow-up Support
We share the final outcome with you and provide practical assistance
through actual recovery and any follow-up enforcement.
