Best Child Custody Lawyers in Taiwan

About Child Custody Law in Taiwan, Taiwan

In Taiwan, the principles governing child custody are governed by the Taiwan Civil Code and are founded on the best interests of the child. Following a divorce, both biological parents retain legal rights and responsibilities to the child, regardless of which parent is granted custody. Custody rights include living with the child and making decisions related to the child's health, education, and physical and mental wellbeing.

In custody disputes, Taiwanese courts tend to favor the parent who can provide a stable living environment for the child. They also take into consideration the child's age, the parent-child relationship, the financial capacity of each parent, and the child's own preference, depending on the child's age and maturity.

Why You May Need a Lawyer

Child custody matters can be complex, emotive and have a lasting impact on all parties involved. A lawyer can help navigate this complex process and ensure that the best interests of both the parent and child are being considered. This is particularly relevant if the custody dispute is adversarial, involves cross-border issues, or if allegations of domestic violence or child abuse are involved. With their legal expertise and knowledge of the Taiwanese legal system, lawyers can provide invaluable advice and representation in these scenarios.

Local Laws Overview

The Taiwan Civil Code stipulates that in the event of a divorce, both parents maintain joint custody of the child. However, decisions regarding with whom the child lives, as well as the allocation of rights and responsibilities, are settled by a court decision, based on what is in the best interests of the child.

Children aged 7 and above are allowed to express their preference in a custody dispute, which will be given due consideration by the court. Additionally, the court also considers factors such as the child's welfare, the parents' mental and physical health, their ability to care for the child, and the child's relationship with each parent. Child support payments, separate from custody rights, are also determined by the court based on each parent's financial capability and the needs of the child.

Frequently Asked Questions

Who usually gets custody of the child in Taiwan?

The court's decision is typically based on what it perceives to be the best interests of the child. Factors such as the child’s preference, stability, and the ability of the parent to provide for the child are taken into consideration.

How is child support determined?

Child support is determined by the court and is based on the financial capability of the parents and the needs of the child. Both parents are expected to contribute to child support, regardless of who has custody.

Can custody orders be modified?

Yes, custody orders can be modified if there is a significant change in circumstances. However, the court will again consider the best interests of the child before granting a modification.

How is visitation decided?

Visitation rights are decided by the court during custody hearings. Typically, the non-custodial parent is granted visitation rights unless it's deemed not in the child's best interests.

At what age can a child decide which parent to live with?

In Taiwan, children aged 7 and above can express their preference in a custody case, but the final decision is still made by the courts.

What happens if a parent doesn't comply with the custody order?

If a parent doesn't comply with the court's custody order, they could be subject to legal action such as contempt of court or loss of certain parental rights.

Can grandparents or other relatives acquire custody?

In special circumstances, such as the death or deemed incapacity of both parents, grandparents or other relatives may be granted custody if it is in the best interests of the child.

Are custody decisions different for unmarried parents?

The courts apply the same child welfare principles, regardless of the parents' marital status. However, legal paternity and maternity have to be established first for unmarried parents.

Can a foreigner win custody of a child in Taiwan?

Yes, custody decisions are based on the best interests of the child, not the nationality of the parents. However, cross-border situations may be more complex and require a comprehensive understanding of international family law.

What is joint custody in Taiwan?

Joint custody refers to when both parents share legal rights and responsibilities towards the child, regardless of which parent the child lives with. However, the day-to-day care and decision-making may be vested primarily with one parent, depending on the court's judgement.

Additional Resources

The Taipei City Government has a Department of Civil Affairs that provides information and assistance. Additionally, the Legal Aid Foundation provides legal advice to those in need. Non-government organizations such as The Garden of Hope Foundation also provide support to families and children in distress. These organizations can provide further information and assistance on matters related to child custody in Taiwan.

Next Steps

If you find yourself in need of legal assistance relating to child custody in Taiwan, the first step is to consult with an experienced family lawyer. Compile all relevant documents and be prepared to discuss your situation and your desired outcome. Your lawyer will guide you through the process, help you to understand your rights and responsibilities, and will represent your best interests in court.