International Divorce in Japan: Custody Issues with a Busy Husband

Consultation from: Anna Smith (35 years old, from the USA, English teacher, annual income: 5 million yen, lives in Setagaya, Tokyo)

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Anna: Hello, Eishin Law Office. My name is Anna Smith. I am 35 years old and came to Japan from the USA about 12 years ago. I work as an English teacher in Setagaya, Tokyo. I've been married to my husband Taro for 10 years, and we have a 7-year-old son.

I am very worried because my husband is always busy with work and doesn't care much about our family. He works as an engineer at a big company and earns about 8 million yen a year, but he is almost never home. I take care of our son and the house all by myself, and it's very hard for me.

At first, my husband tried to spend time with us, but as his work got busier, he spent less and less time with the family. Now, when he comes home, he goes straight to his computer and hardly talks to us. Even on weekends, he is busy with phone calls and emails for work, so we never spend time together.

I think this situation is not good for our son. He wants to spend time with his father, but he can't, and he often looks sad. I am worried that our family life will get worse, so I am thinking about getting a divorce.

But before I decide, I am very anxious about what will happen with my son's custody and child support. Even though I work full-time, my income is lower than my husband's, so I need financial support. Also, if my husband fights for custody, I want to know how I can get custody of my son.

Eishin Law Office, can you please help me? I want to make a better future for my son and myself. Thank you very much.

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Example Response from Eishin Law Office

Eishin Law Office:

Hello, Anna. Thank you for sharing your story with us. We understand that you are going through a very tough time.

First, about your son's custody. Custody is usually decided based on what is best for the child. Since you have been the main caregiver for your son and your husband has been less involved with the family, it is likely that you will get custody.

Next, about child support. Considering your husband's income of 8 million yen and your full-time job, you can request a fair amount of child support. The exact amount will be decided based on your husband's income and your son's needs.

We also want to explain the divorce process in Japan. There are three types of divorce: mutual agreement, mediation, and court divorce. You can first try to reach an agreement with your husband. If that is difficult, you can go to family court for mediation. If mediation doesn't work, you can go to court for a divorce.

We will provide you with the best advice based on your situation. Please visit our office so we can explain the procedures and necessary documents in detail.

Thank you, and we look forward to helping you.