"Wife Who Raised a Cat Despite Knowing Child's Allergy... Demands Custody If Divorced"

Law Does Not Recognize Joint Parental Authority Except in Special Circumstances

A husband’s story has been shared, expressing his dilemma after his wife, who brought a cat into the home despite their young child’s allergic reactions, demanded custody and parental rights following their divorce.

[Image source=Pixabay]

On the 18th, on YTN Radio's 'Attorney Jo Inseop's Counseling Center,' Mr. A, who revealed that he had divorced his wife, asked whether he could be designated as the child's legal guardian and custodian. Initially, Mr. A's wife liked cats. She once even revisited a travel destination carrying cat food because she was concerned about a stray cat she had met during her trip. Feeding cats near their home or taking care of one overnight was a common occurrence.

After childbirth, his wife reportedly forgot about the cat for a while due to childcare responsibilities. However, when their child turned three, she brought a cat into the house. Unfortunately, the child showed allergic reactions to cat fur. Because of this, they had to visit the hospital emergency room and receive injections. Mr. A asked his wife not to bring the cat into the house. She refused, saying, "We can keep the child in the master bedroom and prevent contact with the cat."

Frequent disputes over this issue eventually led Mr. A and his wife to decide on divorce. Mr. A moved into his parents’ home to raise the child. His wife, who visited the child every weekend, demanded, "Since the child is young, either give me custody and parental rights or let’s share them jointly." Mr. A said, "I don’t think my wife cares about the child’s health, so I do not want joint custody," and asked for advice on "how I can be designated as the legal guardian and custodian."

Attorney Woo Jinseo of Shinsegye Law Firm explained, "When the court determines the custodian of a minor child, it comprehensively considers all factors such as the child’s gender and age, the parents’ affection and willingness to raise the child, economic ability, closeness with the child, and the child’s wishes." He added, "It would be good for Mr. A to emphasize that he took a one-year parental leave to care for the child and formed a strong bond, and that he has actively cared for the child even after returning to work. It would also be helpful to point out that the wife prioritized her own actions despite situations where her behavior conflicted with the child’s health."

Attorney Woo further explained, "In divorce cases decided by the court, it is rare for both parents to be designated as joint custodians." He said, "If joint parental rights are granted, both parents must agree on important matters concerning the child." He continued, "In cases where the child suddenly becomes ill and needs hospitalization, the custodian must obtain consent from the joint legal guardian. If the other parent is unreachable or does not consent, it can hinder the child’s welfare." Therefore, "the court exceptionally recognizes joint parental rights only when it is expected to promote the child’s welfare."