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Post by bgn1 on Oct 15, 2003 13:16:36 GMT -5
Under Korean law, if Sang-Min dies would parental rights of Ji-Min transfer to WK? Anyone know?
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Post by nellie on Oct 15, 2003 16:14:12 GMT -5
ewwww... never thought of that! Very good point. As it is, I believe Sang-min & WK have ultimate legal rights to Ji-min. I know they said that they could not take custody of Ji-min away from Ja Young, but who knows what would have happened had they really tried. If Sang-min dies (sure appears that is what may happen) then it would be very interesting to see if WK could even legally register Ji-min on his registry. We know that SM has no intention of doing so now. I also would like to know the possible legalities and rights of WK if Ji-min is NOT registered on his family registry & SM died. I suppose if Ji-min were already registered then perhaps WK could take custody of him. Hope you get an answer to that one!
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Post by JadeEyes on Oct 15, 2003 16:30:43 GMT -5
I know nothing of Korean law, but I do remember earlier SM saying something about how WK could do nothing on his own...SM would have to do it. Or maybe it was WK who said that. I don't know what the law is in the event of the death of the biological father. I don't know if WK would have any legal right to go in to court and declare JM as his legal grandson, demanding a paternity test if necessary. Perhaps we'll get an answer to this question in coming days.
Either way, we do know WK can not take custody of Ji-min. Neither can SM. Two lawyers have said in scenes that the father can not take custody unless the mother is proven unfit... which is never going to happen in the case of Ja-young.
Jade
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Post by petirrojo on Oct 16, 2003 15:40:19 GMT -5
I think Jade has it right: I remember that during all the lawyer talk it was clear that WK has no rights until SM has filed the paternal recognition papers (and he's lied to WK and told him that he has, even when he hasn't yet done so), and those rights only extend to visiting rights, and ONLY with permission of the mother, for anything else they'd have to go to court for scheduled visitation rights. He could certainly never get custody (whew!), for which we're all grateful!
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Post by bgn1 on Oct 16, 2003 17:26:41 GMT -5
I remember the scene Jade is talking about too, but remember that statement was made while Sang-Min was alive. Who knows what could happen if SM dies...
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Post by petirrojo on Oct 20, 2003 14:46:56 GMT -5
I think it's safe to assume that if SM dies, then the issue of paternity disappears as it's only he who can claim parental rights. (If WK could have done it, he would have filed a long time ago; and I wouldn't put it past him to bump off SM to get it done anyhow! Okay, maybe not... but you know what I mean.)
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