Short answer. Korean law splits the question in two, and foreign parents are often caught out by that. Parental authority is decided under Article 909 of the Civil Act; who actually raises the child, who pays, and how contact works are decided under Article 837. In a divorce by agreement the parents must agree on both, and in a divorce by judgment the family court decides parental authority on its own authority. The governing standard throughout is the welfare of the child.
What Korean law says
Article 909(4): where parents divorce, they must decide by agreement who holds parental authority; where they cannot agree or no agreement is reached, the family court designates the holder on its own authority or on a party’s application. Where the parents’ agreement is contrary to the child’s welfare, the court may order it corrected or decide the matter itself.
Article 909(5): in a case of annulment of marriage, divorce by judgment or an action for recognition of paternity, the family court decides parental authority on its own authority.
Article 837(1) and (2): the parties determine matters relating to raising the child by agreement, and that agreement must cover three things: who will raise the child, how the cost of raising the child is borne, and whether and how visitation will be exercised.
Article 837(3) and (4): where the agreement is contrary to the child’s welfare, the court may order correction or decide the matter itself, taking account of the child’s wishes and age, the parents’ financial situation and other circumstances; and where no agreement is reached, the court decides on its own authority or on application, applying the same considerations.
Civil Act, Articles 909 and 837, applied to divorce by judgment through Article 843. Act No. 21454, in force from 17 March 2026.
What usually happens in practice
The two-track structure matters because the answers can differ. One parent can hold parental authority while the other is the primary carer, and the arrangement that is agreed has to say which is which. An agreement that says only that the child will live with one parent is incomplete under Article 837(2), and an incomplete agreement is a common reason a divorce by agreement stalls at the confirmation stage.
For international families the questions that actually decide cases are continuity and practicality: where the child has been living and schooling, who has done the day-to-day caring, and whether the proposed arrangement can survive one parent leaving Korea. A plan that depends on relocation needs to be addressed directly rather than left implicit.
The child’s own wishes are expressly among the factors, weighted by age. That is a statutory consideration, not a courtesy.
What you should do next
- Decide parental authority and day-to-day care separately. They are separate decisions in law.
- Make sure any agreement covers all three items in Article 837(2), including visitation.
- Build the record on continuity of care, not on assertions about the other parent.
- If relocation abroad is realistic, raise it at the outset rather than after an order is made.
Related
How long does a divorce take in Korea?
How is property divided in a Korean divorce?
Divorce and family law services
Divorce and family law answers
All Korean law answers
Tell us about your case
Send the facts and the stage your case is at. A Korean attorney reviews it and replies. No need to call first.
Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.