"Parental Rights and Custody Already with Father, Not Easy"
Unfavorable Circumstances in Childcare Waiver during Divorce Negotiation
Yulhee, formerly of the group Laboum, has filed a lawsuit against her ex-husband, Choi Minhwan, a member of the group FT Island, seeking custody, alimony, and property division. An expert commented that "since parental rights and custody have already been decided in favor of the father, it will not be easy."
On the 11th, Kim Soyeon, a lawyer from Shinsegae Law Firm, appeared on YTN Radio's 'Attorney Jo Inseop's Counseling Center' to discuss the property division and custody arrangements between Yulhee and Choi Minhwan.
Yulhee and Choi Minhwan had a son in May 2018 and got married in October of the same year. Yulhee then gave birth to twin daughters in February 2020, making three children in total. They showed a harmonious family image on broadcasts but suddenly announced their divorce in December last year. Choi Minhwan took custody of the three children, and the specific reasons for the divorce were not disclosed.
Recently, Yulhee claimed on her YouTube channel that her ex-husband Choi Minhwan frequented entertainment establishments during their marriage and behaved inappropriately toward her, which has led to Choi being identified as the at-fault spouse. Yulhee has also hired a divorce specialist lawyer and is currently pursuing a lawsuit against Choi Minhwan for custody and property division.
Regarding this, lawyer Kim Soyeon explained, "Property division can be claimed within two years from the date of divorce. However, if there was a clear verbal agreement like 'I will give ○○ won,' it might not be changed." She added, "If the verbal agreement is not recognized, the income and contribution to property formation will also affect the outcome. Factors such as the period of activity, average settlement amount, and assets shown in broadcasts and videos can be considered. Since their marriage lasted about five years, there will be premarital assets as well as assets formed during the marriage, so there will likely be many disputes regarding separate property and division ratios."
On custody, she explained, "The Civil Code states that even if parental rights and custody were decided at the time of divorce, they can be changed if necessary for the child's welfare." However, she noted, "Currently, Choi Minhwan has been raising the three children for nearly a year, and it seems that Choi's mother is assisting in childcare. The court tends to prioritize maintaining the children's current environment, so it is difficult to predict the outcome."
Attorney Jo Inseop also said, "Parental rights and custody were already decided in favor of the father during the consensual divorce. The court values the parents' willingness to raise the children, and since Yulhee gave up these rights during the consensual divorce, it may be disadvantageous for her. Adjusting parental rights and custody may not be easy." He added that since their children are only 6 and 4 years old, their opinions are unlikely to be actively reflected in custody decisions. Attorney Jo explained that legally, the child's opinion is usually considered when they are around 13 years old.
However, allegations of prostitution against Choi Minhwan could be an important variable affecting this lawsuit. Lawyer Kim said, "If Choi Minhwan is actually punished, since it relates to a sex crime, it could impact custody and be favorable to Yulhee due to the child's welfare."
Previously, divorce specialist lawyer Yang Soyoung, who is handling Yulhee's case, also mentioned the matter on her YouTube channel.
On the 7th, Yang said on her YouTube channel 'Yangdamso,' "I took on Yulhee's case. The agency contacted me first. They asked if changing the custody was possible, and I said, 'Depending on the details, it might or might not be possible. But it would be good to try the lawsuit.'"
She continued, "I heard that when deciding custody during the divorce, there was an agreement that Yulhee would soon take the children. It seems there is a good chance of winning." She also said, "Considering Yulhee's involvement in visitation and childcare after the divorce, she can be seen as almost the custodian. It seems that even if she is designated as the custodian, there would be no significant change for the children since she is not completely separated from them."
However, lawyer Yang believes that the prostitution allegations against Choi Minhwan will not significantly affect the custody decision. He explained, "Once a custodian is designated, it is difficult to change. If the children adapt to the situation, the court has to be cautious."
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