Child Custody (Malaysia for non-Muslims). Types of Custodianship & How To Secure it

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asked on Aug 23, 2017 at 15:58
by   jeff005
Let's have a Discussion on this Child Custody issue now that the norm is Divorce for any Broken Marriage Relationship. 
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answered on Aug 24, 2017 at 19:26
by   jeff005
edited Aug 24, 2017 at 19:29
by   jeff005
How To put Your Kids First When Your Marriage Doesn't Last

Popular Types of Child Custody in Malaysia

1.0   Sole Custody (aka) Full Custody

2.0   Joint Legal Custody
2.1   Joint Physical Access Custody
2.2   Joint Legal and Physical Custody

3.0   Split Custody
       (is an arrangement whereby one parent has full-time custody over some children, and the other parent has full custody over the other children).

Other Types of Custodianship

4.0    Alternating Custody (aka)  Divided Custody.
        ( is an arrangement whereby the child/children live for an extended period of time with one parent and an alternate amount of time with the other parent. While the child/children are with the parent, that parent retains sole authority and responsibility over the child/children).

5.0   Shared Custody
       (is an arrangement whereby the child/children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. Opposite to alternating custody, both parents retain authority over the child/children)

6.0    Bird's Nest Custody
        (is an arrangement whereby the parents go back and forth from a residence in which the child/children reside, placing the burden of upheaval and movement on the parents rather than the child/children)

7.0   Third Party Custody
        (is an arrangement whereby the children do not remain with either biological parent, and are placed under the custody of a third person)
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answered on Aug 24, 2017 at 19:33
by   jeff005
We all know how the saying goes – fall in love, then get married, then have a baby? For most people in love, a wedding is what they dream of. They seal their love for each other by exchanging vows and signing a marriage certificate, and live happily ever after. But… we all know that a Cinderella ending happens in fairy tales. In real life? Not so much. The happily-ever-after might fade and before we know it, it’s time to call a lawyer and say goodbye, even if there are things to consider… like children.

If there is a kid involved in a divorce, obviously only one parent will get custody of the child. The ideal situation is for both parents to seek mediation whereby they come to an amicable agreement without bringing it to court. Through this, the parents get to decide what is best for all parties and it’s also a lot more drama-free. But if both refuse to settle, this is where a custody battle comes in. It involves lawyers, money and the sole decider will be the judge.

Custody battles can get ugly, so Malaysians would want to think twice if they want to get a divorce if there are children involved. We’ve heard of many custody battles, but how does it actually work and what will cause you to lose the kid? We took a look at the Law Reform (Marriage and Divorce) Act 1976 (LRA) and here’s actually how easy it is to lose your child in a custody battle in Malaysia…

 1. If you’re a dad and your kid is below 7 years
There’s a higher chance that the court will grant custody of children below the age of 7 to their MOTHERS, even though there’s an assumption that both parents are equally capable of caring for their child. According to Justice Faiza Tamby Chik, this is mainly due to the fact that babies are more physically dependent on their mommas by nature.

Malaysians have been seeing a pattern of custody being granted to more mothers than fathers and this has caused accusations of unfairness to dads. In order to gain custody, the father will have to prove that his spouse is not Mom of The Year and that he’s a better parent, in terms of finance and the overall welfare of the child, so the argument is completely refutable. The belief that younger kids are more attached to their mothers is actually no longer a legal requirement in many courts, but a case review study proved that an average 67% of judges in Malaysia still favour the presumption.

Meanwhile, the Syariah court states that the mother has a right of custody of a male child until he is 7 years old and a female child until she is 9 years old. Mothers may however apply to extend that right for the male child up to 9 years old and for the female child up to 11 years old. After that, the father has custody. If the child has reached an ‘age of discernment’, he/she can choose which parent to live with – the age of discernment is literally 8 years for the boy and 10 for the girl.
Although the judge is supposed to be all pro and stuff, many other professionals and parents continue to doubt the legitimacy of these decisions. Association Against Parental Alienation Kuala Lumpur and Selangor (Pemalik) has often claimed that decisions made in custody battles did not take into consideration the consequence of Parental Alienation Syndrome (PAS) in most cases.

“Parental alienation (PAS) occurs when one parent disallows the other parent from communicating with their children. The dominant parent then brainwashes the child against the other parent, assuring the child that it is all right to ignore the other parent.” – R.S. Ratna, Pemalik President, The Malaysian Bar
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