Experts Warn Yul-hee's Custody Battle with Choi Min-hwan Faces Challenges
Nov 11, 2024
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YTN Radio 'Counseling Office of Attorney Cho In-seop', which aired on the 11th, dealt with Choi Min-hwan and Yul-hee's property division and custody adjustment.
Earlier, Yulhee married Choi Min-hwan in 2018 and had a son and twin daughter, but divorced in December last year.
Regarding the reason for the divorce, Yul-hee claimed that Choi Min-hwan entered an entertainment establishment during his marriage, pointing out that he was a liable spouse. Since then, Yulhee appointed a divorce lawyer on the 4th and filed an application for mediation against Choi Min-hwan for the change of custody, alimony, and property division claims.
Yulhee claimed that she failed to properly discuss alimony or property division at the time of the consultation divorce with Choi Min-hwan. Choi Min-hwan decided to have parental rights and custody, and Yul-hee decided not to receive property division and alimony on the condition of not paying child support.
In this regard, the Soyeon Kim attorney said "The division of property can be claimed within two years from the date of divorce, but as it is known, it may not be changed if there was a clear verbal agreement that '0 won was given." If oral agreement is not recognized, the contribution to property formation also affects. "You can think of the period of activity, the average settlement amount, and the property shown in broadcast videos, and there will be a lot of disputes in terms of unique property or division ratio."
Regarding custody, he also explained, `The Civil Act stipulates that even if the child's parental authority and caregiver were determined at the time of divorce, they can be changed if necessary for the welfare of the child.' However, referring to the situation in which Choi Min-hwan has been raising his three children for nearly a year and his mother is raising them as assistants such as bathing their children, he added that the court tends to value whether it can maintain the child's nurturing environment.
Lawyer Cho In-seop also said, `When the consultation divorce was made, the custody of parental rights was already decided on the father's side. The court places a lot of importance on the will to raise parents. I think that the part that gave up (custodial rights) in the event of a consultative divorce is unfavorable to Yul-hee. Adjustment of parental custody may not be easy. In addition, "children's intentions cannot be reflected only when they are about 13 years old when legally determining parental custody."It will be difficult for doctors to be actively reflected because children are still in preschool age, born in 2018 and 2020," he explained.
However, he added that Choi Min-hwan's recent suspicion of prostitution may have an impact. Attorney Soyeon Kim "If you are punished for an actual sex offense, it may also affect custody. It is advantageous for Yul-hee because it is related to the welfare of her children."
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Yul-hee caused a stir last month when she was sexually harassed by Choi Min-hwan in front of her parents-in-law and claimed that Choi Min-hwan had been in and out of entertainment establishments. Yul-hee said, "I found out that Choi Min-hwan worked at a business a year before the divorce," stressing that this was the decisive reason for the divorce.
Since then, Choi Min-hwan has temporarily withdrawn from FT Island and dropped out of the parenting entertainment KBS2 'Superman is Back', which he appeared with his children, effectively stopping his activities. Since Choi Min-hwan is currently raising his children, Yul-hee filed a lawsuit for custody and property division against Choi Min-hwan with a desperate desire to raise the children herself again.
yaqqol@sportschosun.com
