How To Win Custody of Children as a Father in Malaysia
The law on custody of children is clear in Malaysia. The custody of the children shall belong to the mother if the children are below the age of 7. You may have at least heard about it somehow.
If that is the case, does that mean that the father stands no chance to get the custody of the children if the children are below the age of 7?
More importantly, how to win custody of children as a father in Malaysia?
Before we dive deeper and provide further insights, it is crucial to understand that the Court shall always focus on what will be in the best interest and welfare of the children, before deciding who shall have the custody of the children in the event of a custody dispute in Malaysia.
Under the custody law in Malaysia, the Court is bound to decide in favour of the mother in the event of a dispute if the children are below the age of 7. This is more so if there is no single piece of evidence to point to the fact that the mother is unfit as a parent or unable to take care of the children properly.
That said, how can a father gain custody of the children if the children are below the age of 7?
Essentially, in such circumstances, it is very important for the father to show and prove that the mother is unfit as a parent and has no ability to take care of the children. This can be due to various reasons. Here are few reasons where the father may be able to get custody of the children; if the father can prove to the Court that:
- the mother is abusive and this may include not just physical abuse but mental abuse as well.
- the mother has history/still taking illegal drugs and this may be a bad influence to the children.
- the mother is diagnosed with mental illness that may affect her ability to care for the children.
- the children expressed their desire and wishes to stay with their father provided that the children are able to give independent and mature opinion on their own (assuming if the children are beyond the age of 7).
- he is able to provide a more stable and better environment in the best welfare and interest of the children (assuming if the children are beyond the age of 7).
- there is any other reason to show that the mother is unable/unfit to take care of the children physically and/or mentally and it is in the best interest of the children to be under the custody of the father.
Take note that the circumstances listed here are not exhaustive and conclusive. Each case is different and the Court shall decide each case independently based on facts and evidences.
Ultimately, the Court is bound by the law to decide in favour of the mother if the children are below the age of 7 as mentioned but the above may be deciding factors to help the Court to make a fair decision.
All in all, it is always advisable to seek for a fair and amicable settlement for custody. If co-parenting is possible, it is always encouraged to ensure that the children are not deprived from the love and affection from any of the parents as this is always in the best interest and welfare of the children.
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