Child Custody Lawyer in Malaysia
Since 2017, TYH & Co. specializes in family law practice in Malaysia and we have assisted many clients in application for custody of children for non Muslims in Malaysia.
We are aware that one of the most difficult and delicate issues in a divorce is child custody. Our family lawyers will work closely with you to safeguard your rights and assure the best interests and welfare of your children.
Our family lawyer can assist with:
- Application of Child Custody Before of During a Divorce Proceedings
- Application for Visitation Rights and Access
- Application for Maintenance of Children
Child Custody Law in Malaysia
The child custody law in Malaysia is clear for non-Muslims.
A mother shall have the custody of the children if the children are below the age of 7 as mentioned under Section 88(3) of the Law Reform (Marriage and Divorce) Act 1976.
That said, this is a rebuttable presumption.
In short, a father may be able to contest and fight for custody of the children if he can prove that the mother is not fit as a parent. This is subject to proofs and evidences. Read here to find out under what circumstances the father can win the custody of the children under the law in Malaysia.
All in all, the Court shall hold and apply the law strictly in deciding child custody disputes as well as deciding based on what is in the best interest of the children.
How To Apply For Custody of Children
To apply for custody of your child, we will file a custody application with the Family Court (or the Civil Court) in Malaysia. The court will look at what is best for the child, including their safety, education, and living environment. Our family lawyer will help prepare the documents, submit the application, and attend the court hearing on your behalf. We will guide you through every step of the process.
How Our Child Custody Lawyer Can Help
Before we file any application to the Court to secure the custody of your children, we will review and assess your cases first.
Then we will advice on whether if you have a good case to move forward or not. Our family lawyer will give honest opinion based on the law and circumstances. This is to ensure that you know your legal position and rights before you engage our family lawyers based on our experience in the family courts.
We will also assist to advice on what is the best approach to secure the custody of your children or apply for visitation rights as a non-custodian parent.
Our Family Law Services
Our legal services include legal advice, drafting and filing of custody application, negotiation and mediation with the opposing party, and court appearance representation. We will assist you with your legal needs and walk you through the entire family court process.
Our family lawyers will ensure that your child custody arrangements are in accordance with the Malaysian family law. We will also assist you in creating a parenting schedule that serves your child’s interests and encourages a positive co-parenting relationship.
What To Expect From Our Family Lawyers
At TYH & Co., we treat all cases (big or small) equally important.
Before you engage our law firm for child custody matter, you can expect:
- That your custody application/dispute will be handled by at least 2 experienced family lawyers
- Fixed fees with no hidden charges
- Installment plan available
- Prompt and responsive family lawyers
- Honest legal advice (whether if you have a good chance to succeed or not)
At our family law firm, we prioritize giving each client individualized attention and high-quality legal services. We take the time to listen to your problems and offer specialized legal solutions to fulfil your needs since we recognize that every family situation is different.
Our family lawyers can assist if you require child custody application services in Malaysia where we will guide you through this emotional journey.
Frequently Asked Questions About Application For Custody of Children in Malaysia
1. Who can apply for custody of a child in Malaysia?
Either parent can apply for custody, whether you are the mother or the father. In some situations, a close family member may also apply. This can be done before or during a divorce proceedings.
2. How does the court decide who gets custody?
The court shall primarily focus on the best interests the children. This includes the child’s age, daily care, schooling, emotional needs, and which parent has been the main caregiver. The court may also consider the child’s wishes if the child can give his or her own independent opinion without being influenced by any party.
3. Can a father get custody of a young child?
Although young children, especially those below the age of 7, are often placed with the mother, a father may be granted custody if the court believes it is in the child’s best interests, especially where the mother is proven to be unfit.
4. Can custody arrangements be changed later?
Yes. Custody arrangements can be changed if there is a significant change in circumstances, such as changes in the child’s needs, schooling, or a parent’s situation. The court will again look at what is in the best interests of the child before making any changes.
5. How long does a child custody application take in Malaysia?
If there is no dispute, the process will take around less than 3 months. If the case is disputed, it can take between 3 to 6 months or longer subject to the availability of the Court as well.