Question from a reader:
The change of custody was granted in the first instance, but the other party has filed an immediate appeal. Recently, that immediate appeal was dismissed, but during the first instance, I had to wait two weeks. From the date the immediate appeal was dismissed, when can I start the process for the change of custody?

About the Process
for Changing Custody: The Flow After the Immediate Appeal is Dismissed

Hello! This time, I would like to discuss the change of custody from a legal perspective, incorporating real cases. I recently received a similar question from a friend, so I would like to answer based on that experience.

Background of Changing Custody

First, let’s briefly review the change of custody. The primary goal of changing custody is the welfare of the child. For example, this may be considered when a parent’s living environment deteriorates or when issues between the parents negatively affect the child. The court may recognize a change of custody in light of such circumstances. Now, in your case, custody was granted in the first instance, and the other party filed an immediate appeal, which was dismissed. This is a very important step. Since the ruling from the first instance has been finalized, even if the other party filed an objection afterward, it was dismissed, marking a significant advance for you.

About the Process from the Date of Finalization

So, when can the process for changing custody begin after the immediate appeal is dismissed? Legally, it is stated that the process can start from the date the immediate appeal is dismissed. In other words, from the moment the court says, “Yes, we recognize your change of custody,” you can move on to the actual procedures. However, it is important to note that there are several steps involved in the process. For example, you need to formally apply for a change of custody at the family court and submit the necessary documents. These documents should include the reasons for the change, information about the new custodian, and the benefits for the child.

The Actual Flow of the Process

Now, let’s look at the specific flow of the process.

1. Preparing the Documents

First, prepare the necessary documents. This includes the application for changing custody, an explanation of the child’s situation, and, if necessary, evidence documents. At this stage, I recommend consulting a lawyer. Getting help from a legal expert often makes the process smoother.

2. Application to the Family Court

Next, you will apply to the family court. Once your application is accepted, the court will notify you of the hearing schedule. During this hearing, the judge will examine the necessity of changing custody. It is essential to prioritize the best interests of the child.

3. Hearing and Decision

During the hearing, the judge will listen to both parties’ opinions and may seek the child’s opinion if necessary. Especially if the child has reached a certain age, their opinion is often given significant weight. Ultimately, the judge will make a decision regarding the change of custody.

4. Finalization of the Ruling

After the ruling is made, there is a period during which the other party can file another objection. However, if the other party takes no action, that ruling will be finalized. Then, the process for changing custody will be completed.

Actual Case Study

Here, let me present an actual case study. This is a story from a friend of mine. He had his change of custody granted in the first instance, and afterward, the other party filed an immediate appeal. Initially, he was worried about the other party, but once the immediate appeal was dismissed, he quickly prepared the necessary documents and applied to the family court. The hearing at the family court was filled with tension, but he kept the child’s welfare as his top priority and expressed his opinions clearly. As a result, the judge evaluated that “you are providing a good environment for the child as a custodian,” and the change of custody was successfully finalized. In this way, by carefully following each step, changing custody is achievable. Additionally, mental preparation is essential. It is necessary to continuously think about what is best for the child as you proceed.

Conclusion

The process for changing custody can be complex and filled with anxiety, but the dismissal of the immediate appeal is a significant step forward. You can start the process immediately from the date of finalization, so please prepare the necessary documents and apply to the family court. The law may seem difficult at times, but with the help of experts, the process can proceed smoothly. Above all, it is crucial to prioritize the child’s happiness. If you find yourself in a similar situation, remember to take your time and tackle each step one by one. No matter what path you take, light will surely appear!