Child custody

Child custody and guardianship (자녀양육권/子女養育權) are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.

Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.

Legal disputes
Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While most parents cooperate when it comes to sharing their children and resort to mediation to settle a dispute, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent yet difficult custody battles that become public via the media and sometimes distort the public's perceptions so that the issues appear more prevalent than they are and the court's response appear inadequate.

Statutory ground
Article 837 (Divorce and Responsibility of Fostering Children)
 * (1) The parties shall determine by agreement matters concerning fostering their children.
 * (2) If the agreement as set forth in paragraph (1) shall include matters as follows:
 * 1. Decision on the custodian;
 * 2. Child support; and
 * 3. Visitation right and methods thereof.
 * (3) Where the agreement as set forth in paragraph (1) harms children's welfare, the Family Court shall order correction or decide ex officio matters related to fostering, taking consideration of children's intention and age, each parent's financial status and other circumstances.
 * (4) Where the agreement on fostering cannot or would not be made, the Family Court shall decide it upon a request of the party or ex officio. In this case, the Family Court shall take matters as set forth in paragraph (3) into account.
 * (5) Where deemed necessary for children's welfare, the Family Court may change matters concerning fostering or take other appropriate measures, upon a request of each parent, children or prosecutor or ex officio.
 * (6) Except for matters related to fostering, the provisions of paragraphs (3) through (5) shall not change the rights and duties of parents.

Article 837-2 (Visitation Rights)
 * (1) A parent who does not take care of children and his/her children shall have the visitation right.
 * (2) If it is required for the welfare of children, the Family Court may, upon a request of the party or ex officio, restrict or exclude such a visitation right.