What is the difference between parental rights and custody?

If a couple divorces, their children will have no choice but to live with one partner.

After divorce, which party will exercise the rights and obligations of the child and which party the minor child will live with is a matter of parental rights and custody.

1. What is parental authority?

These are the status and property rights and obligations that parents have toward their minor children.
Parental authority is exercised jointly by both parents when they are married.
In case of divorce, you must designate a person with parental authority.
If no agreement is reached regarding the designation of a person with parental authority, you can request the court to designate a person with parental authority.
The specific details of parental authority are as follows.

1. Right and duty to protect and educate children
2. The right to designate a place of residence for your child
3. Disciplinary authority to impose necessary disciplinary action on children for their protection and education, and to entrust them to a rehabilitation or correctional institution with permission from the court.
4. The right to manage unique property acquired by a child in his or her name
5. Power of attorney for legal acts regarding children's property

Examples of parental rights being exercised in practice are as follows.
1. When your child starts school
2. When your child has surgery
3. When issuing a passport
4. When reporting a move-in

If custody is on one side but joint parental rights are held, the consent of the other parent may be required in the above situation. (Not required. Example: If you go to a hospital that has a policy of performing surgery only with the consent of one party)

2. What is custody?

Among the contents of parental authority, minor children are under the protection of their parents as a matter of status. It means the right to nurture and educate. Parental authority is related to the child's status and property. Parental rights are a more comprehensive concept than custody because they are the right to make decisions.
In case of divorce, one or both parents can be designated as the person with parental authority and guardianship. Parental authority and caregivers may be designated differently.
In a designated case, the effect of parental authority extends only to parts excluding custody.

This is a procedure in accordance with Korean law.For foreigners, detailed procedures may vary. Please chat or email for specific details.

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