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Civil Act — Article 909 (Custodian)

민법 제909조

(1) Parents shall have the parental authority of their minor child. In cases of an adopted child, the adoptive parents shall have the parental authority. <Amended on Mar. 31, 2005>

(2) The parental authority shall be jointly exercised by both parents during their marriage. If the parents fail to reach an agreement, the Family Court shall determine it upon the request of the parties.

(3) When one parent is unable to exercise the parental authority, the other shall exercise it.

(4) If a child born out of wedlock is legally recognized and his parents are to be divorced, the custodian shall be determined by an agreement between the parents, and, if such agreement cannot or would not be made, the Family Court shall designate the custodian upon the request of the parties or ex officio; provided, if the agreement between the parents harms children's welfare, the Family Court shall order to correct it or ex officio decide the custodian. <Amended on Mar. 31, 2005; Dec. 21, 2007>

(5) In cases of the annulment of marriage, judicial divorce, or action demanding affiliation, the Family Court shall ex officio determine the custodian. <Amended on Mar. 31, 2005>

(6) The Family Court may, if deemed necessary for the welfare of a child, alter the person of the parental authority to the other party upon request of a relative of the child within the fourth degree of relationship. <Added on Mar. 31, 2005>[This Article Wholly Amended on Jan. 13, 1990]

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