How difficult is it to get child custody changed through the courts for a consensual divorce?
Allow me to set the stage. My oldest son is now 18, my youngest is 13. My wife announced to me in October 2019 that she wanted a divorce. I ended up agreeing and we divorced on December 31, 2019. Our oldest son, at that time, was living in the United States with my parents and we had to legally give up guardianship in the United States of him for them to be able to sign him up for school and such (he was finishing High School). This had occurred in 2018.
Because I hadn’t had a secure place to live at the time of divorce, and being in a general daze from it, I agreed that my ex-wife would have custody of the children. I had no idea where I would be living or how much space I would have. I was also granted full visitation rights in the decree. I had until August 1st to get moved out (while working full time + and taking care of the son who was still in Taiwan.)
When our oldest son turned 18, he was legally emancipated by the courts in the United States. He has returned to Taiwan and does not want to live with his mother. I believe that our younger son (the 13 year old) also does not want to live with his mother either. While the apartment I currently live in is tight, we could (and have been for most of the summer) all live here with a few adjustments.
However, she does not want to let our oldest live here and waves the divorce decree in my face when I suggest it. Oh, if it makes a difference, I’m a foreigner with a APRC and a steady job. She is Taiwanese and has also has a fairly steady job but a significantly lower wage and a poor work history.
So, once again, with children of those ages, how likely is it to get an adjustment to the custody of the children? And, can anyone suggest a good lawyer around Zhubei/Hsinchu City area?
Your ex-wife has full custody? Even with your situation back then there was nothing in the way of shared custody. I can understand your motives, but that has put you in a bad spot.
If your ex-wife does not want to cooperate, expect years long court proceedings to change the status quo.
It will be difficult.
The form, English version, states that rights and obligations of the minor children shall be shared by both parties. It also stipulates that they live with their mother and that she is responsible for their care.
So, first off, thank you for putting me in the position of re-reading the wording and wrapping my head around it a bit more.
I have also been acting as the main caregiver since before moving into my own apartment. My youngest has spent most of the summer with me and the eldest has spent most of his time with me since returning. Not sure how much that may help though.
He’s 18. He can legally live wherever he wants, no?
Apparently, in Taiwan (until 2023) children under 20 are still considered minors. Although I’m not certain that she can force him to live with her. Something that I need to look into more. In 2023, the age of majority will change to 18. Taiwan is one of the last countries, at least in Eastern Asia, to lower it to 18.
I suggest he not tell her.
Girl not to return to Italy: court - Taipei Times
Child custody cases are heard case by case and results may vary
Poor child has to decide between dad and mom. She is clearly more attached to her mom and I think this has a bearing on the ruling.
Also I believe the courts tend towards keeping such children in Taiwan.
And possibly favor the mom in general