There are a few things you should consider. Child custody cases can be complex, so it is best to seek the advice of a qualified family law attorney who is experienced in international custody disputes.
Firstly, it's important to determine if the Korean court has jurisdiction over your case. you should check if Korean courts have jurisdiction over your child custody case. Generally, Korean courts will have jurisdiction if your child is habitually resident in Korea or if the child has Korean nationality. If your child is not habitually resident in Korea and does not have Korean nationality, you may need to seek legal advice in the country where your child is living. However, there may be exceptions to this rule depending on the specific circumstances of your case.
Jurisdiction : If Korean courts have jurisdiction, you will need to file a petition for child custody with the appropriate court in Korea. The court will consider various factors when deciding on custody, including the child's best interests, the parents' ability to care for the child, and the child's preferences (depending on the child's age and maturity).
Filing a petition for child custody: If Korean courts have jurisdiction, you will need to file a petition for child custody with the appropriate court in Korea. It is important to note that you will need to have a good understanding of Korean legal processes, and you may need to hire a qualified family law attorney who is familiar with Korean laws and procedures. You will need to provide evidence supporting your claim for custody, such as your ability to care for the child and any issues with your spouse's ability to care for the child.
Factors considered by the court: When considering a child custody case, the court will consider various factors to determine what is in the best interests of the child. These factors may include the child's age, health, and educational needs, as well as the ability of each parent to provide for the child's physical and emotional well-being. The court may also consider the child's relationship with each parent, the child's preferences (depending on the child's age and maturity), and any history of abuse or neglect.
Mediation or custody evaluation: If you and your spouse are not able to come to an agreement regarding custody, the court may order mediation or a custody evaluation. During mediation, a trained mediator will work with you and your spouse to help you reach a mutually acceptable custody agreement. If mediation is unsuccessful, the court may order a custody evaluation, in which a court-appointed evaluator will conduct a thorough investigation of your family's circumstances and make a recommendation to the court.
Final decision: After considering all the evidence and testimony presented during the hearing, as well as the results of any mediation or custody evaluation, the court will make a final decision regarding custody. The court's decision will be based on what is in the best interests of the child, and may grant custody to one parent or order joint custody.
It is important to note that Korean law regarding child custody can differ significantly from the laws in your home country, so it is essential to seek legal advice from an experienced attorney in Korea.
Finally, if you and your spouse are not able to come to an agreement regarding custody, the court may order mediation or a custody evaluation. The court will then make a final decision regarding custody based on the results of the mediation or evaluation.
Overall, seeking child custody as a foreigner residing abroad with a Korean spouse can be a complicated process, but with the help of a qualified family law attorney, you can navigate the legal system and work towards a favorable outcome for you and your child.
DO I have to appear at a child custody hearing if I hire a lawyer?
If you hire a lawyer to represent you in a child custody case in Korea, it is not always necessary for you to attend court hearings. However, it is highly recommended that you attend court hearings whenever possible.
Attending court hearings can be beneficial in several ways.
First, it shows the court that you are taking the case seriously and are committed to your child's well-being.
Second, attending court hearings allows you to hear firsthand what is happening in the case and to provide your lawyer with any additional information that may be helpful in arguing your case.
Finally, attending court hearings can help you feel more involved in the process and can give you a greater sense of control over the outcome.
That being said, there may be circumstances where attending court hearings is not possible or practical. For example, if you reside in a different country and cannot travel to Korea, it may be difficult for you to attend court hearings in person. In these cases, your lawyer can represent you in court and keep you informed of any developments in the case.
Ultimately, the decision of whether to attend court hearings in a child custody case will depend on your individual circumstances and the advice of your lawyer. Your lawyer will be able to provide you with guidance on the best course of action based on the specifics of your case.