It’s November 11th, YTN Radio Counseling room of lawyer Jo Inseop featured a discussion between lawyers Jo Inseop and Kim So-yeon regarding Yulhee’s custody modification request, as well as her alimony and property division claims against her ex-husband, Choi Minhwan.
Yulhee, who divorced Choi Minhwan last year, recently hired a divorce lawyer and filed a lawsuit seeking custody and property division. Attorney Kim explained that in divorce cases involving minors, a custody and parental responsibility agreement must be entered into, although alimony and property division are not required for mutual consent divorces to proceed.
Currently, Choi Minhwan is in custody. Attorney Kim noted that “while the Civil Code allows for parental authority and custody to be determined at the time of divorce, it also allows for modifications if necessary for the well-being of the child.”
Lawyer Jo added that requests for property division must be made within two years of the divorce. However, reports suggested that Yulhee and Minhwan had verbally agreed that Minhwan would retain custody and parental authority, without claims of alimony or property division, and that Yulhee would not be responsible for child support. If this verbal agreement is validated, Yulhee may face challenges in his claim.
Attorney Kim acknowledged that if there was a clear verbal agreement to set the property division at zero, Yulhee might have difficulty changing it. However, custody changes remain possible if there is a case for the child’s welfare.
Regarding the possibility of a change of custody, Attorney Kim expressed caution, noting that courts often seek to maintain continuity in the child’s environment. Choi Minhwan has been taking care of the children for almost a year, with the support of his parents, who live in the same building. Minhwan’s mother also helps with childcare, as seen in recent television appearances.
Lawyer Jo said that while some speculate that a change of custody might be possible, the courts value the stability of the children’s current environment and the principle of continuity, favoring consistent care.
Addressing public interest in children’s input, Lawyer Jo clarified that Korean courts typically take into consideration the child’s opinion around age 13, so children’s opinions may not be taken into great consideration in this moment.
Finally, attorney Jo asked whether allegations of Minhwan’s involvement in an entertainment venue scandal, which included suspicion of solicitation for prostitution, could affect the custody case. Attorney Kim responded that if Minhwan were indeed penalized, such a conviction could have an impact on custody due to the implications for the children’s well-being. However, lawyer Jo warned that a full custody decision based solely on these allegations would be unlikely, so the case will need further observation.
