Best Child Custody Lawyers in Taiwan

About Child Custody Law in Taiwan

The issue of child custody falls under the jurisdiction of Family Law in Taiwan. The main governing principle of child custody in the country is the 'best interests of the child.' Upon divorce, parents typically negotiate custody arrangements. If the parents cannot come to an agreement, the court decides. Typically, one parent is granted physical custody, while the noncustodial parent is given visitation rights. Under certain circumstances, joint custody can be awarded.

Why You May Need a Lawyer

Understanding the intricacies of child custody law in Taiwan can be challenging, especially when dealing with the emotional turmoil of a divorce or relationship breakdown. A lawyer can guide you through the process, providing advice tailored to your specific situation. Lawyers come in particularly handy when negotiating custody arrangements, properly documenting agreements to prevent misunderstandings in the future, and representing your interests in court when necessary.

Local Laws Overview

Taiwan's Civil Code governs matters related to child custody. Commonly, the parent who retains custody is assigned the responsibility of the child's upbringing. The noncustodial parent retains the right to visit and maintain contact with the child. In some cases, the court may grant joint custody, but this typically requires an agreement from both parents. The rights of the child are given pivotal importance, and courts often consider the child's wishes if they are aged seven or older. The court will also look into factors like a parent's behavior, ability to provide for the child's needs, and the emotional bonds between the child and each parent.

Frequently Asked Questions

1. How does a court decide who gets custody?

The court's decision is fundamentally based on the best interest of the child. Factors like the parents' conduct, the child's age, the parents' financial capacity, and the emotional bond between child and parent are taken into consideration.

2. Can a father get custody of his child in Taiwan?

Yes, fathers can and do win custody battles in Taiwan. While the mother has traditionally been granted custody in many cases (particularly for young children), the court gives due consideration to each parent's circumstances and the child's best interests.

3. Can I modify a child custody arrangement in Taiwan?

Yes, custody arrangements can be modified. Either parent can file a petition with the court to reconsider custody terms if there's a substantial change in circumstances.

4. How are visitation rights determined in Taiwan?

Visitation rights are determined either by mutual agreement between the parents or by the court. The court's decision is influenced by the child's best interests.

5. What age can a child choose which parent to live with?

Children aged seven or older can express their wishes regarding which parent they prefer to live with, and the courts will take this into consideration when deciding custody.

6. How does the court handle cases where one parent is a foreigner?

Courts are supposed to treat foreigners and locals equally. However, they do consider practical factors, such as the ability to maintain familial ties in Taiwan.

7. Can a non-biological parent be granted custody?

A non-biological parent can receive custody if it's deemed in the child's best interest. Such cases are infrequent and usually involve the biological parents' incapacity to cater to the child’s wellbeing.

8. What happens when one parent breaches the custody agreement?

Any violation of the custody agreement could lead to legal consequences. The aggrieved party may approach the court for enforcement of the agreement or modification of terms.

9. Can joint custody be awarded?

Yes, courts may award joint custody if both parents agree and it benefits the child.

10. What happens in cases of abuse or neglect?

The court's main concern is the child's welfare. In cases of abuse or neglect, the court could decide to revoke parent’s custody rights and place the child under care or custody of another relative or welfare institution.

Additional Resources

Individuals navigating child custody issues may seek assistance from various Taiwanese organizations. For instance, the Taiwan Ministry of Health and Welfare provides resources and information for family welfare and child protection. Legal Aid Foundation also offers help for those who financially qualify and are dealing with legal issues including child custody.

Next Steps

If you find yourself in need of legal assistance for child custody issues, you should seek the help of a family lawyer in Taiwan experienced in child custody matters. They can guide you through the process, clarify your legal rights, and represent your interests in court if required. Furthermore, gather as much evidence as possible to back up your case especially on matters relating to your child’s welfare and relationship with you.