Child custody

Arrangements for children must be settled in writing at the time of divorce. Disputing them later is hard.

Distinguish three things

1. Parental rights (친권) — the right to act for the child legally and manage their property. Needed for passports, bank accounts and similar.
2. Custody (양육권) — the right to live with and raise the child.
3. Child support — money paid by the parent not living with the child.

These do not automatically go together. State each explicitly in the agreement.

Contact rights

The parent not living with the child has the right to see them, and the child has the right to see the parent. Setting out precisely when and how often reduces later conflict.

If child support isn't paid

• The Child Support Agency provides advice and enforcement support.
• Court enforcement orders, detention and asset seizure are available.
• Consult 132 (Legal Aid).

What foreign parents especially should watch

• The child's nationality and passport — issuing procedures depend on parental rights. See child-nationality.
• Residence status — actually raising a child with Korean nationality can support your stay. Always check with 1345. See f6-divorce-stay.
• Taking the child abroad — doing so without the other parent's consent can amount to international child abduction. Always take legal advice first.

Where to go

• 132 Korea Legal Aid Corporation (free legal advice)
• 1644-6621 Child Support Agency
• 1345 Immigration Contact Centre (residence status)
• 1577-1366 Danuri Helpline
• Your nearest family centre and the family court

Questions people ask

Will I lose custody because I'm a foreigner? Nationality is not the test. Courts look at what is best for the child — the environment, attachment, financial capacity and more. Don't give up; get advice.

They aren't paying child support. Consult the Child Support Agency on 1644-6621. Enforcement measures exist.

They won't let me see my child. If contact rights were agreed, you can seek enforcement through the court. Consult 132.

I want to take my child to my home country. Taking them without the other parent's consent creates serious legal problems. Always consult 132 or a lawyer first.

Take care

Never accept an offer to "help with your residence if you give up custody". You can lose both your relationship with your child and your status. Before signing divorce papers, check with both 132 and 1345.

Related

divorce-procedure · f6-divorce-stay · child-nationality · single-parent-support · legal-aid

Source

Korea Legal Aid Corporation www.klac.or.kr / As of 2026-08