The Law To Know

← All countries

Child custody in South Korea

The court decides what is best; no automatic rule

In South Korea divorcing parents agree who has custody and parental authority, and the court decides by the child's best interests if they cannot.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what the law provides before a court looks at a particular family. A court decides what is best for the child in the case in front of it. Family law is reformed often, and a case with a foreign element is complex. This is general information, not legal advice.

If the parents are married

Married parents exercise parental authority jointly.

If the parents are not married

The mother has it. The father can share it after he acknowledges the child, by agreement of the parents or a court decision.

The unmarried father, in one line: The mother has it; the father needs a step: a joint declaration, registration, agreement, or living with the mother at the birth.

After a divorce or separation

Divorcing parents must agree on who will raise the child, on contact and on child support, before the divorce is accepted. If they cannot agree, the family court decides in the child's best interests and can set the parenting arrangement.

What the child can say

The court takes the child's views into account according to age and maturity.

Moving house or moving abroad with the child

Where parents share parental authority, a move abroad needs both parents' consent or a court's permission.

If the parents live in different countries

South Korea is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.

Understand the legal system first

South Korea belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the South Korea legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in South Korea? →
Divorce rate and trend in South Korea →

Official sources

Other countries

AlgeriaAngolaArgentinaAustraliaAustriaBelgiumBeninBotswanaBrazilBulgariaBurkina FasoBurundiCabo VerdeCameroonCanadaCentral African RepublicChadChileChinaColombiaComorosCôte d'IvoireCroatiaCyprusCzechiaDemocratic Republic of the CongoDenmarkDjiboutiEgyptEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFinlandFranceGabonGambiaGermanyGhanaGreeceGuineaGuinea-BissauHungaryIndiaIrelandIsraelItalyJapanKenyaLatviaLesothoLiberiaLibyaLithuaniaLuxembourgMadagascarMalawiMaliMaltaMauritaniaMauritiusMexicoMoroccoMozambiqueNamibiaNetherlandsNew ZealandNigerNigeriaNorwayPhilippinesPolandPortugalRepublic of the CongoRomaniaRussiaRwandaSão Tomé and PríncipeSenegalSeychellesSierra LeoneSingaporeSlovakiaSloveniaSomaliaSouth AfricaSouth SudanSpainSudanSwedenSwitzerlandTanzaniaTogoTunisiaUgandaUkraineUnited KingdomUnited StatesZambiaZimbabwe

TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.