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In Malaysia, legal child custody, known as "penjagaan," is traditionally awarded to the mother of children under the age of 12 and to the father of children over 12. However, recent changes in the law make it possible for either parent to be awarded custody based on the child's best interests. If parents can't agree on custody, they must apply to the court for a decision. In making that decision, the court considers factors such as the child's emotional ties with each parent; their age, sex, and health; and each parent's ability to provide for the child's needs.
Engaging a lawyer becomes crucial when a marriage breaks down and disputes over child custody arise. Under such circumstances, legal guidance would be necessary to navigate through the complex processes of the family law domain. Furthermore, a lawyer's services might be required to ensure that your rights and interests, as well as those of your child, are protected when dealing with issues of sole or joint custody, access, or guardianship.
Under the Law Reform (Marriage and Divorce) Act 1976 (LRA), the Malaysian court is empowered to decide on child custody matters. The underlying principle is the welfare of the child, embodying physical, emotional, intellectual, and social well-being. The Gender Equality Act 2001 also allows mothers to be guardians without a will being made in the Islamic Law context. Also, the Child Act 2001 regulates the care, protection, rehabilitation, control, and custody issues pertaining to a child, and prevention of child neglect and abuse.
The custodial parent is selected based on the best interests of the child, and mothers no longer have an automatic preference. Court decisions on custody matters are case-specific.
Yes, under the LRA, it is possible for parents to have joint custody, where decision-making is shared, with the child primarily residing with one parent while maintaining a reasonable amount of time with the other parent.
Generally, an illegitimate child's custody goes to the mother. However, the best interest of the child principle still prevails.
Yes, although mothers typically receive custody, fathers can apply for custody, and it will be awarded if in the child's best interest.
The default age of majority in Malaysia is 18 years, but custody orders usually cover until the child reaches 21, especially if they are still studying.
The following institutions can provide assistance:
- Malaysian Bar Council: Provides regulatory and support services to the legal profession.
- Legal Aid Centre (LAC): Offers legal advice in person and over the phone.
- Women's Aid Organization: Provides free legal counseling for women's rights issues.
- Department of Social Welfare Malaysia: Provides assistance for cases involving child abuse or neglect.
If you need legal assistance in child custody, consider seeking a consultation with a legal professional specialized in family law. Prepare for the consultation by gathering relevant documents like birth certificates, school records, and any evidence related to the child’s wellbeing. Always remember, your child’s happiness and wellbeing should be at the center of any decisions you make during this process.
