Husband Demands Divorce from Hot-Tempered Wife
"Wife Who Left Home Suddenly Took Child Away"
Lawyer: "Possible Application of Minor Abduction Charge"
A man requested legal advice, claiming he lost custody of his child while preparing for a divorce lawsuit with his runaway wife.
On the 4th, YTN Radio's "Attorney Jo Inseop's Counseling Center" revealed the story of informant A, who said he lost custody of his child during a divorce lawsuit. He began by saying, "My wife has a straightforward personality and is driven, but she is hot-tempered. On the other hand, I get my heart pounding just from loud voices. Throughout our marriage, whenever there was trouble with my wife, I always gave in."
He continued, "I was afraid of my wife and tried to appease her, but over time she increasingly looked down on me. Thinking I couldn't live like this anymore, I mustered the courage to ask for a divorce. I also said I would raise our young son, but my wife flew into a furious rage and left the house." He added, "During the three months my wife was away, I prepared for the divorce lawsuit and even received positive legal advice that I could get custody. But one day, my wife and her family showed up and took our son away. They got into a car and quickly disappeared before I could do anything. Is there any way to regain custody of my son?" he asked for advice.
In response, Attorney Kim Soyeon of Shinsegye Law Firm explained, "When proceeding with a divorce lawsuit, I recommend applying for a provisional disposition to seek the return of the child. You can request to be designated as the temporary custodian to prevent further disputes over custody, and you can also claim temporary child support." She analyzed, "The informant has been raising the child alone for several months since the wife left, maintaining a peaceful and stable caregiving environment. There was likely a struggle when the child was taken, so forcibly taking the child could constitute 'abduction of a minor.'"
She further stated, "If the wife continues to raise the child after taking them, it could negatively affect custody disputes. However, the fact that the wife left the home first, leaving the child behind and living apart for several months, should be considered when evaluating her willingness to care for the child." Finally, she added, "Since the process of taking the child was not peaceful and the child may have suffered psychological trauma, this could be a disadvantageous factor for the wife. It is important for the informant to actively assert custody rights."
Netizens who read the story responded with comments such as, "Marriage requires mutual consideration and understanding to be maintained well," "The husband must have had a hard time during the marriage with his wife," and "What crime did the child commit?"
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