Four Key Principles in Custody Judgments:

• Principle of Maternal Preference for Infants
• Principle of Primary Caregiver
• Principle of Maintaining the Status Quo
• Principle of Respecting the Child's Wishes

Factors Considered in Custody Decisions

• Child's Factors
  • Age, gender, number, and health condition
  • The child's wishes and personality development needs
• Parental Factors
  • Occupation, income, financial status, character, age, and living conditions
  • Parental willingness and attitude toward child care
  • Parent-child relationship dynamics
  • Interaction between the child and other cohabitants (e.g., stepfamilies)

What Can You Do If Someone Takes Your Child?

• If you have custody rights, you can apply for enforcement.
• If you have custody rights, the other party may be guilty of child abduction or similar offenses under criminal law.

Why Should You Involve a Private Investigation Agency When "Changing Custody"?

• A private investigation agency has a professional lawyer team to help you create a comprehensive strategy.
• They have rich experience in divorce cases, often exceeding that of typical law firms.
• They can investigate the other party's unsuitability for custody and gather evidence to support your case.

How Is Custody Decided? Does the Father Have a Chance to Gain Custody? What is the Maternal Preference Principle?

Introduction:

The French film The Most Beautiful Accident (2016) depicts a man named Samuel who lives a carefree life until one day his ex-girlfriend appears, claiming a baby girl is his child. She leaves, and Samuel is left to raise the child. Years later, they develop a deep bond, but just when Samuel thinks he can have a happy family, his ex-girlfriend returns and demands custody of the girl.

In Taiwan, when a father and mother fight for custody, how does the court decide? Is the "maternal preference for infants" principle real? According to the Ministry of Justice’s interpretation, when the child is an infant, generally, it is considered that infants are more dependent on their mothers, so in the absence of exceptional circumstances, custody will often be awarded to the mother. The court avoids separating infants from their mothers.

So, does this mean that fathers have no chance in the fight for custody? The answer is no. The court will not rely solely on one principle. The "maternal preference for infants" is just one factor among several. Other key principles include:

• Primary Caregiver Principle

  Which parent has been more involved in the child’s life? The parent who has been more engaged is believed to better understand the child's needs.

• Principle of Maintaining the Status Quo

  Frequent changes in living arrangements can emotionally affect the child. The court tends to favor maintaining the current caregiver.

• Principle of Respecting the Child's Wishes

  As the child grows older, their preferences for a parent may become more apparent, and the court will consider this in its decision.

Can a Father Gain Custody of a Child Who Is Still an Infant?

According to the maternal preference for infants, infants between 0-3 years old usually have strong psychological and physiological dependence on their mothers. Thus, the court will generally award custody to the mother. However, the court will not solely rely on this principle. If:

• The mother has never participated in the child’s upbringing?
• The mother has violent tendencies or abuses drugs?
• The mother’s financial situation is not conducive to a good upbringing?
• All other children’s custody has been awarded to the father?

The court may decide to award custody to the father instead. Even though the maternal preference for infants is considered more during this stage, it is not absolute. Fathers can still have a chance to win custody by demonstrating their advantages and persuading the court.

How to Fight for Custody and What Is the Legal Process?

According to Civil Code Article 1055, child custody during divorce must be agreed upon by both parents. If no agreement is reached, the court will intervene. The parents will argue their case in court, and the judge will make a custody decision based on the arguments.

To understand how to fight for custody, it is important to know what factors the court will consider:

• Child’s Factors
  • Age, gender, number of children, and health condition
  • The child’s wishes and personality development needs
• Parental Factors
  • Occupation, income, financial status, character, age, and living conditions
  • Parental willingness and attitude toward child care
  • Parent-child relationship dynamics
  • Interaction between the child and other cohabitants (e.g., stepfamilies)

To increase your chances of winning custody, first, try to win the child’s heart. This means respecting the child’s wishes. You should also gather evidence showing how you have participated in the child’s life, such as picking them up from school, attending parent-child events, and taking them on outings. Positive interaction can help improve your chances in court.

Even if your financial situation is not ideal, don’t lose confidence in your ability to care for the child. Showing your willingness and ability to care for the child will help in the process. It is also important to show the court that you are a good and caring parent.

What to Do If the Other Party Refuses to Hand Over the Child After a Custody Judgment?

After a long legal battle, you finally resolve property division and alimony issues, and you win custody of your child. Just when you think the struggle is over, the other party harasses you over the phone and even takes the child without notice.

You report the issue to the police, but they advise reconciliation, and the child is still taken away. You wonder: "The court’s judgment has legal authority—won’t the court help me?"

Yes, if you have a custody ruling from the court, you can request enforcement. However, only a formal court ruling can be enforced; private agreements are not enforceable.

Be cautious, though, as giving in and temporarily letting the other parent take the child may give them a chance to build a stronger bond with the child. This could result in them petitioning the court to change the custody arrangement. Also, if you are responsible for child support, you must continue paying during this time.

What to Do If the Child Is Taken After the Court Has Granted Custody to You?

Imagine you have gone through a tough legal battle and finally gained custody of your child, but one afternoon, you return home to find the child missing. After a while, you learn that your ex-partner took the child without informing you.

"What should I do when the other party refuses to comply with the court's decision?" Is there legal recourse?

Yes, if the custody decision is in your favor and the other party takes the child away, they are infringing upon your legal rights. This could constitute child abduction or related offenses under criminal law. You can apply for a protection order from the court, and if the other party persists, you can report them for child abduction.

Can a Private Investigation Agency Help Me Reverse a Custody Decision?

Can a custody decision be changed after it has been made? Yes, you can petition the court to modify custody. However, modifying custody is not an easy process. You will need to provide evidence that the original custodian is unfit, and you must demonstrate advantages that were not presented during the initial case. During the process, the court will appoint a social worker to conduct a home visit. The report from this visit will be a key factor in modifying the custody decision, making this process difficult and time-consuming.

If you are facing this type of issue, seeking the help of a private investigation agency offers the following benefits:

• A professional team of lawyers to help create a personalized strategy.
• Extensive experience in handling divorce cases, which often surpasses that of general law firms.
• The ability to investigate the other party’s unsuitability for custody and gather the necessary evidence.

Conclusion:

The law’s language and the court’s judgment may seem meaningless to a child, as shown in The Most Beautiful Accident. For children, what matters most is, "Who do I like more?", "Who cares about me?", and "Who makes me feel cared for?"

We believe you, reading this article, have the confidence and determination to provide a happier life for your child. What you may lack is a team with professional legal knowledge and investigative skills. If you encounter such issues, feel free to contact a private investigation agency for consultation.