Divorce does not end the parent-child relationship. What must be decided is parental authority, custody, and visitation

Custody & Visitation Matters We Handle

1. Designating the Person with Parental Authority — By agreement, or designated by the family court if agreement failsWhile married, parents exercise parental authority jointly, but at divorce the person with parental authority must be decided. In a divorce by agreement, the parents decide by agreement, and if they cannot agree or the agreement is against the child's welfare, the family court decides. In a judicial divorce, the court decides on its own authority.Divorce by agreement: decided by the parents, or by the court if they cannot agree · Judicial divorce: designated by the family court on its own authority · Report within 1 month after the person with parental authority is designated · Parental authority and custody can be assigned to different parents · Relatives of the child within the fourth degree can also petition to change the person with parental authority
2. Designating the Custodial Parent — The child's welfare is the standardThe custodial parent is decided by agreement, and if the parents cannot agree, the family court decides, taking into account the child's wishes and age, the parents' financial circumstances, and other circumstances. A parent who does not become the custodial parent keeps the rights and duties of parental authority if they hold it.The child's wishes and age · Willingness to raise the child and the history of caregiving so far · Each parent's health, financial means, and home environment · Whether siblings would be separated · Availability of help from others such as grandparents
3. Changing Parental Authority or Custody — Possible if needed for the child's welfareEven after the person with parental authority or custody arrangements have been decided, you can ask the family court to change them if this is needed for the child's welfare. A change in a parent's circumstances alone is not enough; the court examines whether the change is necessary for the child.Change of custody matters: on petition by the father, mother, child, or the prosecutor, or by the court on its own authority · Change of parental authority: on petition by a relative of the child within the fourth degree · Prepare evidence of changed circumstances such as abuse, neglect, or abandonment of care · The stability of the child's current life and how well the child has adjusted · Pre-trial dispositions can be used while the petition is pending
4. Visitation — A right of the non-custodial parent and a right of the childThe parent who does not directly raise the child and the child have a mutual right to visitation. The family court can limit, exclude, or change visitation if needed for the child's welfare, but the Supreme Court holds that courts should be cautious about excluding it on the basis of vague concerns alone.Agree specifically on frequency, place, and handover method · Grandparents may also petition for visitation where there are unavoidable circumstances · Visitation can be limited in cases of child abuse or serious misconduct · If visitation is not honored, apply for a order for implementation · Visitation can be claimed by counterclaim in a judicial divorce case

1. Parental Authority and Custody

Parents hold parental authority over their minor children and exercise it jointly during marriage. If the parents disagree, the family court decides at a party's request, and if one parent cannot exercise parental authority, the other parent exercises it (Article 909(1) to (3) of the Civil Act).

When parents divorce, they must decide the person with parental authority by agreement, and if they cannot or do not agree, the family court designates the person with parental authority on its own authority or at a party's request. If the parents' agreement is against the child's welfare, the court orders it corrected or decides on its own authority. In a judicial divorce, the court decides the person with parental authority on its own authority (Article 909(4) and (5) of the Civil Act).

Parental authority is a set of rights and duties that includes acting as the child's legal representative and managing the child's property, while custody refers to the everyday care of protecting and raising the child. In practice, the same parent is often given both parental authority and custody, but they can be assigned separately.

2. Designating the Custodial Parent and Other Custody Matters

The parties decide matters concerning the raising of the child by agreement, and the agreement must include who will be the custodial parent, how child support will be shared, and whether and how visitation rights will be exercised (Article 837(1) and (2) of the Civil Act). If the agreement is against the child's welfare, the court orders it corrected or, on its own authority, decides the necessary custody matters taking into account the child's wishes and age, the parents' financial circumstances, and other circumstances (Article 837(3)). If no agreement on custody matters is reached or agreement is impossible, the family court decides on its own authority or on request (Article 837(4)).

Where there has been domestic violence or child abuse, evidence of it (medical certificates, police report records, counseling records, etc.) is an important factor in deciding the custodial parent.

3. Petitions to Change Arrangements

Custody matters that have already been decided may be changed, or other appropriate dispositions made, on petition by the father, mother, child, or the prosecutor, or by the court on its own authority, if this is found necessary for the child's welfare (Article 837(5) of the Civil Act). Parental authority may be changed to the other parent on petition by a relative of the child within the fourth degree if this is found necessary for the child's welfare (Article 909(6) of the Civil Act).

A petition for change is a family non-contentious case (Class Ma), and mediation must come first (Article 2(1)(ii)(b) and Article 50 of the Family Litigation Act). Typical grounds for a petition for change include cases where one parent abandoned care of or abused the child after divorce, or where the child has lived stably with the other parent for a long time. If parental authority is abused or the child's welfare is seriously harmed, you can also petition the family court for a declaration of loss, temporary suspension, or partial restriction of parental authority (Article 924 of the Civil Act, etc.).

If the child urgently needs protection while the petition is pending, you can seek a pre-trial disposition for the child's care and upbringing, but a pre-trial disposition itself is not enforceable (Article 62 of the Family Litigation Act).

4. Visitation

The parent who does not directly raise the child and the child have a mutual right to visitation (Article 837-2(1) of the Civil Act). Lineal ascendants (such as grandparents) of the non-custodial parent may petition the family court for visitation when that parent cannot exercise visitation because of death, illness, residence abroad, or other unavoidable circumstances (Article 837-2(2)). The family court may limit, exclude, or change visitation on a party's petition or on its own authority if needed for the child's welfare (Article 837-2(3)).

The Supreme Court explains that visitation exists for the child's emotional stability and healthy personal development and is a right of both the child and the parent. In principle, the family court allows visitation, and may exclude it only where there are special circumstances that would harm the child's welfare. Before excluding visitation, the court should look for the arrangement most helpful to the child, for example by limiting the timing, place, and method of visitation, and should be cautious about excluding visitation altogether on the basis of vague concerns alone (Supreme Court Decision 2017Seu628, decided December 16, 2021).

If visitation is not carried out as agreed or ordered, you can apply to the family court for a order for implementation concerning the duty to allow visitation with the child (Article 64(1)(iii) of the Family Litigation Act).

5. Issues in Divorce Litigation

• Joined claims: In a judicial divorce case, designation of the person with parental authority and custodial parent, child support claims, and visitation are joined and heard together. Where such claims are joined to a judicial divorce, the other party may bring a related visitation claim as a counterclaim (Supreme Court Decision 2024Meu15467, decided July 16, 2026).
• Hearing the child's views: The court takes the child's wishes into account and, where necessary, assesses the child's situation through a family investigation or similar means.
• Custody during separation: To decide the custodial parent and child support during separation before divorce, you can seek a pre-trial disposition or file a petition for a custody disposition.
• Moving or relocating abroad: When a parent moves or leaves the country with the child, issues arise as to joint exercise of parental authority and whether visitation can still be carried out.
• Domestic violence cases: Together with temporary measures (such as restraining orders) under the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence (the “Domestic Violence Punishment Act”, 가정폭력처벌법), you can seek designation as the custodial parent and restrictions on visitation (Article 29 of that Act).

Key Court Decisions

Supreme Court Decision 2017Seu628, decided December 16, 2021

Held that visitation should in principle be allowed and may be excluded only where there are special circumstances harming the child's welfare, and that before excluding it the court must look for the arrangement best suited to the child, such as limits on timing, place, and method.

Supreme Court Decision 2024Meu15467, decided July 16, 2026

Held that visitation cannot be excluded merely because the child's whereabouts are unknown, and that in a judicial divorce case joined with designation of the person with parental authority and custodial parent, the other party may claim visitation by counterclaim.

Frequently Asked Questions

Divorce & Adultery Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026