Modification of custodian and fostering person designations
Modification of custodian and fostering person designations- The custodian and fostering person designations already made at the time of divorce may be modified if necessary for the child’s welfare (Articles 837(5), 843, and 909(6) of the Civil Act).
- A custodian designation may be modified by making a petition for the modification of designation to the family court, while a fostering person designation may be modified by an agreement between the parties after divorce. If the parties fail to reach an agreement, the fostering person designation may be modified by making a petition for the modification of designation to the family court [Article 2(1)2(b)(iii) and (v) of the Family Litigation Act].
Petitioner- A parent, child, or public prosecutor may petition the family court for modification of fostering person designation, or the family court may make the modification ex officio (Articles 837(5) and 843 of the Civil Act).
- Provided that a family member within 4 degrees of relation may petition for a modification of custodian designation (Article 909(6) of the Civil Act).
Standard of decision in an adjudication for the modification of a custodian or fostering person designation- The family court decides whether to modify a custodian or fostering person designation in consideration of the child’s age, the status of the parents’ property, and other circumstances (Supreme Court Decision 98Seu17,18 of July 10, 1998).
- In particular, if the child is at least 13 years old, the family court must hear the child’s comment. It may refrain from hearing the child’s comment where it is infeasible or if an extraordinary circumstance is found that would harm the child’s welfare if the child was heard (Article 100 of the Family Litigation Rule).
Report of modified custodian designation- When a judgment modifying the custodian designation is final, the person who petitioned for such judgment or the person designated by that judgment as the custodian or acting custodian must report the modification of custodian designation within 1 month of the date the judgment is final to the si, gu, eup, or myeon office with jurisdiction over the place of registration or domicile, attaching a certified copy of the judgment and certificate of the final decision (Articles 58 and 79(2)1 of the Act on Registration of Family Relations).