Lawyer Li Yusheng analyzes divorce and child custody issues after discovering husband under surveillance following sexual assault conviction.

News Summary

According to a report by CTV News, a woman in Taoyuan discovered her husband's conviction for sexual assault while tidying up her home. After filing for divorce, she was subjected to surveillance cameras, stalking, and frequent phone calls, disrupting her and her children's lives. The court granted the divorce, and the mother was awarded sole custody of their minor children. This case highlights that divorce involves not only spousal wrongdoing but also child care, safety, and evidence preservation. The reported outcome should be based on the specific judgment and procedural progress of each case.

Lawyer Li Yusheng explains

In his report, Attorney Li Yusheng of Fidelity Law Firm explained the parental rights and guardianship arrangements for minor children. Legally, the grounds for divorce and who will have custody of the children are two issues that need to be determined separately. According to Article 1052, Paragraph 1, Subparagraph 10 of the Civil Code, if a spouse is convicted of an intentional crime and sentenced to imprisonment for more than six months, this may constitute grounds for divorce; however, it is still necessary to confirm whether the judgment is final, and attention should be paid to the limitation of one year after the knowledge of the crime and five years after the occurrence of the crime stipulated in Article 1054. The date of discovery of the paper judgment cannot be considered alone.

As forDivorce and Child ParentageThe court, prioritizing the best interests of the children, considers factors such as primary care circumstances, parental capacity, stability of life, children's needs, and visitation reports. Higher income does not necessarily guarantee parental rights. If surveillance or harassment occurs during separation or divorce proceedings, it is advisable to preserve messages, communication, devices, and care records to ensure the safety of oneself and children before assessing divorce, parental rights, and necessary protective measures. Children should not be used as leverage or bargaining chips.

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