Child Custody and Divorce in Malaysia
The truth is, battle of Child Custody and Divorce in Malaysia is a common occurrence nowadays.
Your child might be upset that both his or her parents are going through divorce. This is inevitable.
The question that lies next is who should the child be with. Or in other words, who will have the custody of the child. Daddy or Mummy?
In a joint petition divorce (where both parties agreed to the terms of divorce), both parties can settle among themselves on who should have the custody of child. Both can even agree to have joint custody!
However, most single petition divorce (where both parties cannot agree on the terms of divorce) will revolve around the issue of child custody.
Question is, who will the Court grant the custody of child?
Under the divorce law in Malaysia, specifically the Law Reform (Marriage & Divorce) Act 1976, the Court shall presume that it is for the best interest of the child to be with his or her mother if the child is below the age of 7.
That said, the father of the child can rebut the presumption by proving to the Court that it is not true! For example, the father can prove to the Court that the mother often neglect or does not care for the child.
Essentially, the most important question the Court will ask is what is the best interest or welfare to the child? If there are more than one child, the Court will assess the welfare and interest of each child independently.
The Court might also take into account the factors such as previous lifestyle of the child, education and medical needs, each parents’ earning capacity, behavior of each parents, relationship between the child and the parent etc. before making a decision.
In conclusion, it is advised that both parties can reach an agreement on who should have the custody or even joint custody for the best of the child. This can not only save you time and trouble but your child need not go through the trouble in a Court’s trial.
Talk to our divorce lawyer if you have any issues regarding child custody and divorce in Malaysia or fill in the form below and our lawyer will get in touch with your shortly: