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Foreigner wife's custodial rights with dual citizen child

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asked on Feb 28, 2020 at 16:44
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As a foreigner with a Malaysian husband and a dual citizen 2-year-old child, what are my custodial rights in the case of divorce? We've been legally married in Malaysia for 4 years, and it's legally recognized by my home country as well. Where can and/or should I file for divorce for the best outcome? I'm not a Malaysian PR, but have had long term social visit pass for the past 4 years, and currently based in Malaysia as a full-time mom.
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4 Answers

answered on Feb 28, 2020 at 16:59
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Too little info of yourself to give proper comments like

1. Type of Marriage, Civil or Islamic 
2. How many passport your child is holding
3. Sex of child
4. Is there a legal marriage registered in your country?

The basic answer to your Q..
what are my custodial rights in the case of divorce?
Both have equal rights under Malaysian Divorce and Child Custody Laws.

But you have distinctive disadvantageous from what you have tendered above.

If you get Full Custody of the child, where would you put the child? In Malaysia?
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answered on Mar 6, 2020 at 23:32
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Thanks for taking the time to answer my question. Please find more info below to help you understand my situation better.
1. It's a civil marriage.
2. The child holds 2 passports.
3. The child is a 2-year-old boy.
4. The legal marriage is registered in my country since it was preliminary in order to obtain the second passport and European birth certificate for our son.
I'm definitely not planning to stay in Malaysia with my son.
Would the child's young age not determine that the mother has the custodial right? He's only 2 years old. I'm also a certified preschool teacher, and looking to enrol my son in the same preschool where I'm going to work.
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answered on Mar 13, 2020 at 17:16
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edited Mar 13, 2020 at 17:30
by   jeff005
@ Stenna

Would the child's young age not determine that the mother has the custodial right?
Correct, under Malaysian Divorce and Child Custody Laws, a child below age of 7, is normally awarded full custody to the mother. But this highly contestable nowadays.

2. The child holds 2 passports.
This child hold Dual Nationalities but for sure not yet Citizenship as in Malaysia -(Have to apply).

I'm definitely not planning to stay in Malaysia with my son.
as a full-time mom.

How are you going to raise this child as you are a single parent as you have not been working for the past 2-4 years?

Child custody is based on current financial status and working experiences and the ability to provide for the child.

Judges will not allow a child to be taken away from the Father esp to another country and that the Mother will then only find ways of raising the child. Home schooling is not yet popular in Malaysia. There must be solid proof that the welfare of the child be "reasonably" taken care of in the event of a divorce.
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answered on Mar 13, 2020 at 17:27
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edited Mar 13, 2020 at 17:36
by   jeff005
Where can and/or should I file for divorce for the best outcome?
In any Family High Court in the state you are residing in now.
You need the services of a local lawyer as all filings is in Malay Language.
The rates is RM5-7K for simple divorce. Over 15K ++ for a highly contested divorce.

Take notes.
1.  A highly contested divorce with Child Custody may take 1 year or more, esp with Foreigner Spouse.

2.  By the time your case is heard in court, your LTSVP would have expired. And you have to leave this country. Your husband can apply for Interim Custody  of your son.

3.  The moment you file for Divorce, your ex-to-be husband's lawyer can apply for the two passports that your son is holding to be under the Court's Custody.

Try to make amends with your husband for the sake of your son.
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