Foreigner with Full Custody, can I leave Taiwan with Child?

How can you get the full custody of your child as a foreigner?

Either by agreement of both parents or by a court. I have friends who have done this. I had shared custody of my son but he could choose which parent to live with after he was 10 years old.

My child is 3 years and can’t fully choose but all the time she’s with me. I dont think that the father will make an agreement about the majority of joint custody.

I wanted my child to be with me. We both agree to the joint custody but we didn’t agree about who will be the major custody of the child. Since I’m a foreigner there’s a lot of things that running on my head. This is so stressful. My husband is a Taiwanese

You need a lawyer. If you can’t afford one, try Legal Aid.

https://www.laf.org.tw/en/

This firm might be able to help you if you can afford their fees. They specialize in family law and speak English. I have no connection to them.

https://www.themislaw.com.tw/en/service-en

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Do you have a lawyer? You need a lawyer.

If not, this law firm will help you.

I have already a lawyer from legal aid. But I’m not so convinced of how she fights for my right. She usually talks to my translator and not me. And I’m the one who’s left behind don’t know whats going on. And the social welfare will come to my house tomorrow.

Try to make your house as clean and tidy as possible for this visit. I’ve met a few social workers in Taiwan over the years. They are caring and professional. Don’t be afraid of them. But don’t sign anything you can’t read either. Have your lawyer look at it first. Good luck!

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My translator will come tomorrow too. But as the mediation told us we need to settle the custody first before my divorce. So now I’m fighting for the primary custody of our child in the joint custody. Do you have any idea how they will deal of it? Like how they see or evaluate who will be the best interest of the child? Like im the primary caregiver now because I’m the one whos taking care of our daughter ever since.

My understanding is that the best interest of the child is the guiding principle in these matters. Only your lawyer can advise you on the factors they consider and how to handle this best.

Maybe this can help you understand better what they are thinking about:

https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000001

Article 1055-1

Custody should be decide by the Court in accordance with the best interests of the minor child, consider all the conditions and the visiting reports of the social workers, especially check the following matters:
(1) The age, gender, numbers and healthy condition of the minor child.
(2) The willing of the minor child and the need of personality development.
(3) The age, occupation, character, health condition, economical ability and the life style of the parents.
(4) The parent’s willing and attitude of protecting and educating the minor child.
(5) The emotional feelings between the parents and the minor child or between the other persons living together and the minor child.
(6)Whether one parent takes actions to hinder the other of exercising rights and assuming duties of the minor child.
(7)The tradition, culture, and values of different ethnic groups.
When the court makes the preceding decision in accordance with the best interests of the minor child, besides social workers’ visiting reports or family matters investigation officers’ investigation reports, the court may also make decision based on investigation outcomes of specific matters made by police authorities, tax authorities, financial institutions, schools, and other related authorities, groups, or proper members with related professional knowledge.

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Number 7 on that list! :grimacing:

Guy

I know several foreigners who got sole custody as the raised the child with no support from the other parent. However it is very difficult to do so from a court. Several forum members have written about it.