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Joint Custody in Malaysia

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Benny
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2 min read

In Malaysia, family law defines joint custody as a situation where both parents share the responsibility and authority for the upbringing and welfare of their child after a divorce or separation. The concept of joint custody is based on the idea that both parents have an equal role in the child’s life, even if they are no longer together.

In Malaysia, child custody matters are governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA) for non-Muslims, while for Muslims, child custody is regulated under Syariah Law.

Section 88 of the LRA:

This section of the LRA 1976 states that the welfare of the child is the paramount consideration. Courts usually favor joint custody if it is in the child's best interest.

  • Custody refers to the parent who has the right to make significant decisions regarding the child’s education, religion, and healthcare.

  • Care and control refers to the parent with whom the child lives primarily.

  • Access gives the non-custodial parent the right to spend time with the child.

Types of Custody:

  • Joint Custody: Both parents have a say in the child’s upbringing, but one parent may have primary care and control.

  • Sole Custody: Only one parent can decide the child's welfare.

Critical Considerations for Joint Custody:

  1. Best Interest of the Child: The courts will consider the child's emotional, physical, and educational needs.

  2. Parental Cooperation: For joint custody to be granted, both parents must be willing to cooperate and communicate effectively for the child’s sake.

  3. Living Arrangements: The court considers where the child will reside and whether the parents can share custody without disrupting the child’s stability.

How to Apply for Joint Custody

  1. Filing a Petition: Either parent can file for joint custody during divorce proceedings or later if circumstances change.

  2. Court's Decision: The court evaluates the application based on the child’s welfare, considering parental cooperation and the home environment.

  3. Agreements Between Parents: If both parents agree on joint custody, the court is more likely to approve it.

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