Hi there,
Sorry about your story. But if separating is good for everyone, well…then it’s good too.
With regard of the law firms you are asking here, “Lee & Li” and “Tsar & Tsai” are two big well known law firms in Taiwan. One of them is also employed by my company which I currently work for.
But be aware, you’d receive a big bill in the end.
So perhaps you’d consider how much budget you’d go for legal consulting on this matter first?
Moreover, is there any possibility that you two can discuss and sort something out on the custody of your daughter?
I assume your relationship/ marriage is subject to Taiwan jurisdiction; under this circumstance, if you want to collect some information of legal rights you’d have, Taiwan Civil Code is possible the first thing you might want to look at.
Generally there are two types of divorces; either husband and wife can sort it out by themselves or they might file a divorce case to the court (refer to Taiwan Civil Code Article 1049 & 1050). As you might be aware, things usually go very ugly for the latter one.
If you are not preparing to go to the court, then you two may discuss the custody arrangement of your daughter during the split (Don’t forget the “alimony” part as well!), but remember to have all written in detail in your divorce paper which you can solely hire a lawyer to make a draft for you.
If you want your lawyer to negotiate the custody right with your ex-husband-to-be, then I can expect your legal fee may go higher.
For the custody, the rule of best interest for the children is applied.
If you’d argue this in a court, then you might have to consider which situation/ environment is the best for your daughter? whether you are financially independent? etc…
For the legal firm website you can clink on the following links
Lee and Li
leeandli.com/web/e/default.htm
Tsar & Tsai Law Firm
tsartsai.com.tw/eng_home.htm
The full content of relevant Articles in the latest amended Civil Code you might need is attached as below; or you might fo to this clink to download the English version of Civil Code nwjirs.judicial.gov.tw/ENG/FLAW/FLAWDAT0201.asp
Good luck and all the best
Article 1049 The husband and the wife may effect a divorce by themselves with their mutual consent; but in the case of a minor, the consent of his or her statutory agent must be obtained.
Article 1050 Divorce by mutual consent shall be effected in writing which requires the signatures of at least two witnesses, and by the divorce registration at the household administration authority.
Article 1055 After the husband and the wife effect a divorce, one party or both parties of the parents will exercise the rights or assume the duties in regard to the minor child by mutual agreement. If the mutual agreement did not or could not be done, the court may decide by the applications of the husband or the wife, the authorities concerned, the social welfare institution or any other interested person, or may decide by its authority.
If the mutual agreement is unfavorable to the child, the court may change the agreement upon the applications of the authority concerned , the social welfare institution or any other interested person or by its authority in regard to the interests of the minor child.
When the party who should but could not exercise the rights and assume the duties in regard to the minor child or did not protect the interests of the minor child, the other party of the husband and the wife, the minor child, the authorities concerned, the social welfare institution or any other interested person may apply the court to change the mutual agreement in regard to the interests of the minor child.
The provisions in the preceding three paragraphs, the court may decide the contents and methods of exercising rights and assuming duties for the interests of the minor child on the application or by its authority.
The court may decide the way and period of meeting or communication with the minor child by the application of the party who could exercise the rights and assume the duties in regard to the minor child, or by its authority. When the meeting or communication affects the interests of the minor child, the court may change it on the applications or by its authority…
Article 1055- 1 When the court makes the jurisdiction in the Article of 1055, it should be decide 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 contents:
(1) The age, sex, 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.
Article 1055- 2 In the case of the parents, both parties not suitable for exercising are the rights of parents, the Court should appoint a guardian in the best interest of the minor child in accordance with the preceding articles, and appoint the methods of guardianship, order the parents to assume the duties for raising the minor child and the methods.