Top 7 Factors Winning Child Custody Battle
After working as a lawyer for so long, I handled many divorce cases. When we usually deal with divorce cases, if the customer has children. They will especially want to know, how can they fight for custody of their children.
Okay, today ’s video will share with you why or why the court will award the child ’s custody to a mother or father.
- Okay, the first factor the court will consider is the gender of the child . For example, a couple who gave birth to a child after getting married. The gender of the child is a girl. When their couple is fighting for custody of their children, the court will take into account the child ’s gender. If the child is girl, of course, the mother has a relatively large advantage. Why is that? When children grow up, they will go through puberty stages. For girls, when he grows up he will go through a puberty period, then menstruation and growth of chest. Mothers have a comparative advantage in this respect. Mother also experienced all these processes. The mother is also more suitable to guide the girl in everything during this development period. On the contrary, the father’s knowledge in this area is relatively limited.
- Well, the second reason is the age of the child. Marriage law in Malaysia if the child is seven years old or younger, the law has made a good assumption that the child ’s custody will be awarded to the mother. Of course there are exceptions to this assumption. What’s the exception? For example, this mother has a tendency to be violent. She has a history of child abuse. Or, it has a criminal record.
- The third reason is court will consider the child’s wishes. In my memory, I have handled countless child custody cases. Usually the judge will ask these children to go to the judge’s room before making any decision. The judge will have an interview with the children. Through this interview, the judge will know whether the children like their dad or mom more? What I dealt with in the case that impressed me the most is that a couple has been married for almost a decade. They gave birth to a son and a daughter. The male is the younger son and the female is the older daughter. Then the eldest daughter likes her father very much, and then hates her mother very, very much. However, the younger son likes his mother very much, but he doesn’t like his father. When the judge asked the eldest daughter, why don’t you like your mother but your father? The reason this eldest daughter said is because his mother urged her to study all day and asked her to do a lot of homework. On the contrary, her dad allowed her to play all day and bought her a lot of sweets. The dad even bought her a lot of 3C products, including computers and tablets. So basically she prefers her father. But for this reason, after careful consideration, the judge decided to award the children custody, including the eldest daughter and the youngest son, to the mother. The reason is that the judge thinks that if the elder daughter and the younger son follow the mother, their future will be better. Because the mother will urge the eldest daughter to go to school and study. On the contrary, this father will only blindly buy this 3C product to please children, which is not a good for their growth and development. Of course, when dealing with this child custody case, the judge will still consider the child’s wishes.
- The fourth factor makes the court to award the custody of a child to mother or a father is the wish of the parent. For example, if a couple is married and only gives birth to a child, and they have agreed that the custody of the child will go to the mother, and if the father does not fight for it, then naturally, the custody of the child must belong to the mother. Let’s take another example. A couple is married and has two children. Mother wants to fight for custody of older child and the father wants to fight for younger one. So naturally, the custody of the older child will be given to the mother, and the custody of the younger child will be given to father. Let’s take another analogy. A married couple gave birth to two children. Mother wants to fight for custody for both children, same to father. Under such circumstances, should the custody of the child belong to the mother or the father? It depends on other factors.
- The fifth factor is whether the children should be separated. As I said earlier, before the court decides the custody of the child, the judge will, as usual, comfort these children. For example, a married couple have two children. When the judge is consoling the two children, the judge will ask them why you want to follow your mother or father. The judge will also ask whether those two siblings, two brothers or two sisters are reluctant to separate from each other. Because from the judge’s point of view, they think that if these children are almost the same age, of course, these two children can be company with each other, and it is certainly better to grow together. Therefore, one of the considerations should be whether the two children should be separated.
- The sixth factor is the living environment of the parents. Okay, the so-called living environment here does not mean that in the end, how big is the house of the mother or father and how many rooms are there? How good is the facilities? In fact, all this is wrong. The so-called living environment is which is safer and more suitable. Let me give you an example. Many years ago, I dealt with a child ’s custody case. At that time, both parties had not divorced. Then the mother moved to live with one of her boyfriends. The father always lived with her wife all this while. When the judge was considering whether to give this child custody to a mother or this father? The judge will consider the environment in which they live. For example, I remember in which case the child was a girl. In the end, the court gave the father the custody of the little girl. The reason is very simple. Because the judge thought the mother’s behaviour was inappropriate. Because before the divorce. She has moved to live with her so-called boyfriend. And the judge is very worried that her mother ’s boyfriend will do any dangerous act against the girl. For example, it would invade her or bully her. So the judge has such concerns. Therefore the judge decided to award the child’s custody to her father. The judge also believed that before the divorce, the action that the mother had moved to live with her boyfriend was very unethical. The judge afraid that the mother’s actions that would give the child a bad demonstration. Therefore, for this reason, the judge finally decided to award the custody of the girl to the father.
- The seven factors are so-called care. The so-called care is to see if this mother or this father has more time to take care of this little child. As an example, I handled a case last year. I represent a teacher, she is a mother. At that time, when the judge was making a verdict, he would consider whether the mother or the father had more time to take care of the child. Then, since my customer is a teacher, her working hours are relatively short, so she can take care of the child herself in the afternoon. The court had sentence the child to her. What was the reason? Because, this father’s working hours are very, very long. Then, plus the father’s parents, his parents are no longer alive. In this case, if the child is sentenced to the father to take care of it, the father cannot take care of her when he is at work, and then his parents are no longer in this world so can’t help him take care the child. This father can only leave this little child to nursery. Under these circumstances, the judge believes that it is more appropriate for the children to be taken care of by their own biological parents. The child’s custody was awarded to the mother. Of course, everyone will ask her mother to be a teacher, so when she is working, she cannot take care of the children herself. So why? In fact, when the mother is at work, her own parents can help her to take care of the child. The grandfather and grandmother of this little child are very willing to help taking care of this little child. For this reason, the judge sentenced the child’s custody to the mother.
Audience who like our channel PLEASE subscribe to our Facebook, Youtube and our Instagram. Also please give us a ‘LIKE’ on Messrs. Ng, Zainurul, Seke & Khoo (Formerly Known As Messrs. Ng Kee Way & Co.)’s Facebook page. We will try to present you with the latest legal advice every week, thank you.
Our videos or articles provide general information regarding particular subject and is not intended to constitute legal advice. No attorney-client relationship is established through the video or article. The sharing portrayed here may not be applicable to you as they are dependent on a variety of facts and circumstances. Hence viewers are advised to seek legal representation in order to achieve the intended result.
#离婚律师 #公民权 #法律诉讼 #产业买卖 #遗嘱 #领养孩子 #房地产 #黄志威律师 #邱律师 #领养孩子#ngkeewaylegal #divorce #lawyer #lawyerlife #citizenshiplawyer #litigation #conveyancing #statelesschildren #criminallawyer #debtrecovery #intellectualproperty #willwriting #lawfirm #lawyermalaysia #toplawfirm #puchong #bandarputeripuchong #ngkeeway #court #toplawyer #toplawfirm #lawyermalaysia #MKchannel #letterofprobate #guardianoflaw #ngkeeway #divorcelawyer