Divorce is almost never an easy decision for a couple to make, especially when it involves their children. This makes these situations much more difficult because it raises the concern of which parent gets the child custody. In the same way that divorce is a meticulous process, child custody in Singapore comes with rules and regulations. These are rules and regulations that can be daunting and hard to understand when tackled alone and firsthand. With that, read on to understand about child custody in Singapore.

First and foremost, what is child custody? Child custody determines which parent to grant full and long-term decision-making rights regarding a minor’s upbringing. Child custody also gives the parent the right to deduce and make judgements concerning the matters of the child. This includes the child’s education, health conditions, daily affairs, and so on.

How Does Child Custody Work in Singapore? 

The Judge always considers the child’s best interests, including several factors, when determining which type of custody order to grant. In Singapore, the law of custody applies regardless of whether one is a Muslim or non-Muslim. In addition, the Women’s Charter also heavily influences decision making. With that, the Court usually issues joint custody to both parents, with care and control given to the mother. The Court also decides on other matters such as care and control, access and parenting plans. Lastly, the Court also ensures that both parents play an essential role in the life and development of their child. This includes making decisions concerning education, religion and healthcare. 

At What Age Can a Child Decide Custody in Singapore? 

The Court may also consider the child’s wishes. It will vary depending on their maturity and ability to determine which parent they wish to live with. When age is in question, it is usually allowed above the age of 10. However, at the end of the day, it is at the discretion of the Court which factors to examined in relation to the child’s best interests. 

In addition, the judge also has the authority to make changes to the proposed custodial arrangements. Part of which includes visitation frequency and schedules and the amount of child support. Furthermore, one can appoint a family court specialist to evaluate the child’s care arrangements. The Court’s decision is final and comes with consequences for a parent’s failure to comply.

Who is More Likely to Get Custody of a Child?

The Court considers which parent spends more time and effort in caring for the child on a daily basis. Their interactions and interviews with relatives and other caregivers will be observed. In some cases, the judge may request counselling sessions and social welfare reports.  It will help evaluate further the parents’ status and their relationship with the child.

However, mothers are almost always awarded custody over the father in Singapore. If parents already have joint custody over the child, it may be unnecessary to have shared care and control. In fact, it can be an extreme challenge for fathers to fight for total care and control of the child. Shared care and control are also unlikely when their children are actively attending school, as it causes an inconvenience in travelling between homes. Furthermore, it is also unlikely to be granted if parents have different parenting styles.

While the system is primarily favourable towards the mother, it is not entirely impossible for fathers to fight for and obtain care and control. There have been cases where the father gets the rights to care and control.

What Decides Who Gets a Child Custody in Singapore?

When it comes to deciding who gets child custody, Singapore judges have the right to adhere to the welfare principle. This is because the Court will look to the child’s best interests to ensure an optimal living arrangement, as this is the primary consideration that influences their decision. The Court weighs out and factors in how each parent can secure the child’s overall well-being up to adulthood. This includes the parent’s financial ability to secure the future of the child, as well as their capacity to provide for the child’s essentials, including the home, education and daily needs.

How Much Eligibility Does A Father Have for a Child Custody?

Unfortunately for fatheres, mothers, by default, are granted care and control of the children. However, the father can fight for custody by highlighting his involvement with his children before the divorce. The father can show that he had been the child’s primary caregiver to gain full custody over the mother. He needs to show the judge that he can look after his child daily, such as what time the child wakes up for school, who brings them to and from, and who will care for them when they get home.

The father should also prove to the Court that he will not keep or restrain the child from the mother. There are other factors to consider such as how much time the father spends with his child. How active he is with caring for their welfare and studies. The Court will weigh all of these and decide whether to give the father-child custody or let the child remain with the mother.

Can a Parent Stop Another Parent from Seeing their Child?

Since the mother by default gets child custody, the father has the option to discuss with her to resolve the matter amicably. However, if resistant, he can seek assistance from their divorce lawyer or make an application to Court to intervene and help him gain access to the children.

There are some rare cases where an abusive or neglectful mother can lead to an evaluation report before coming to a decision. However, the case may still be in vain if the father has not been the child’s primary caregiver even before the divorce. If this still doesn’t work, the father may opt to pursue shared custody wherein the time spent with the children will be split equally between both parents. Nonetheless, it is still up to the Court if shared custody is feasible and for the child’s best interest.

Trust Yeo Law to Help Settle Your Child Custody Concerns

The divorce process alone is already a difficult feat, all the more when paired with the settling of child custody in Singapore. However, having the right lawyer by your side can make all the difference. Yeo Law, Singapore’s top specialist divorce and family lawyers is a company that can help you negotiate custody terms for you and your child’s best interests. Contact us now at 6220 3400 or book an appointment for your Family and Divorce legal needs.