Custody of a child after divorce

What is custody?

Custody refers to the legal decision-making authority in the life of a child. The decision-making authority is usually in regard to major life issues such as religion, education, health and other activities. Other concepts which might be relevant include care and control, and access. Care and control determines which parent the child lives with on a day-to-day basis. Access on the other hand refers to the time periods during which the parent who does not have care and control of the child is allowed time to spend with the child.

Who can ask for custody?

Either parent can request for custody or care of the child. Based on the circumstances, the court will decide to whom it is more appropriate to award custody, or whether custody should be shared. One can apply for custody of your child at any time during the marriage, during separation, or during divorce proceedings with the aid of your divorce lawyer.

When considering who to grant custody to, an important factor is the wishes of the child. Other factors also taken into account include the wishes of the parties, reports of welfare officers, etc.

Types of custody orders

There are different custody orders that might be made. Custody might be solely awarded to one party or jointly awarded to spouses. Alternatively, it might be possible for one party to be granted the power to decide on most matters except for some specified matters where consultation with the other party is required, your .

After an order for custody has been made, subsequent applications can be made to the court to vary or cancel the custody order.  An order for custody will automatically expire or become ineffective when the child reaches 21 years of age.

How to apply for custody?

Such an application is typically made to the Family Court or the High Court. An experienced Singapore divorce lawyer will be able to guide you on the procedures.

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