Divorce & Family Law

If the Child Has Been Living Stably for Some Time, Can Custody Still Be Contested? If the child has already been living with one parent for a year, attending school locally, adapting to the environment, and forming friendships, and an application is suddenly made to remove the child, the court will certainly approach such a request with great caution. This is because doing so may disrupt the child’s education, daily life, and social circle, and may cause unnecessary impact on the child.

【Who Gets Custody Does Not Affect the Obligation to Pay Maintenance】Many people mistakenly believe that “since the child is with you, I no longer need to pay maintenance.”Legally, this is not permissible. Maintenance must be fulfilled, and visitation rights are also protected by law. Obstructing visitation or refusing to pay maintenance are both unlawful. The child’s interests come first, and parents must not allow their emotions to affect the child.

【Custody ≠ Preventing Visitation Rights】 Maintenance between parents and a child’s visitation rights are two separate matters. Even if the other party has not paid maintenance, they cannot be prevented from visiting the child. When determining custody, the court will usually safeguard the visitation rights of the non-custodial parent, unless there are exceptional circumstances, such as unfitness, unhealthy lifestyle, drug abuse, or imprisonment.

【Having Custody ≠ The Other Party Is Not Required to Pay】 Who is granted custody does not affect the parents’ financial responsibilities toward the child. The child still requires care and support from both parents. In divorce or custody cases, there are no true winners—the one most affected is often the child’s psychological well-being and development. Custody is not a bargaining chip, and child support is not a punishment. The child should not bear the cost of the parents’ disputes.

After Obtaining a Custody Order, Can It Be Changed?

Even with an existing court order, custody is not immutable.

If there are significant changes in the circumstances
of the primary caregiver—
such as cohabitation with a new partner,
the child showing clear discomfort, or an environment that is not in the child’s best interests—
the other party may still apply to the court for a variation.

However, there must be specific reasons and evidence;
mere verbal assertions are insufficient.

[When Parents Live Far Apart, How Should Visitation Be Arranged Reasonably?]

If the child lives and attends school with one parent during weekdays,
while the other parent resides farther away,
frequent transportation during school days
is impractical for both the child and the parents.

A more appropriate arrangement is:
the child is handed over to the other parent after school on Friday,
and returned to the primary caregiver on Sunday.

Once the Child Starts School, How Should Visitation Be Arranged?When the child has already started school,frequent switching of daily caregivingmay instead disrupt the child’s routine.Common arrangements include: One parent is responsible for school drop-off and pick-up on weekdays The other parent takes care of the child on a specific day or on weekends If the parents live close to each other, arrangements can be more flexible If they live far apart, stability should be prioritized

Many people, when they hear the term “custody,” automatically associate it with divorce. However, in reality, custody issues are often more urgent and need to be addressed first—especially when the parents’ relationship has already broken down, or they have been separated for a long time, and one party is being prevented from seeing the child, or has no knowledge of the child’s current situation, schooling, or living arrangements. This article explains the key points of custody and visitation through the most common and practical questions.