Law

A Guide to Child Custody During a Singapore Divorce Process

 

A marriage is supposed to be a lifelong commitment filled with happiness, but the reality is not always so rosy for many. There might be hardships and differences that fracture the bond, or the couples are incompatible for a lifelong union. If attempts to reconcile fail, then couples have the choice to separate. Each year, thousands of couples divorce in Singapore alone. While divorce in Singapore is not a norm, it is an option that can grant new chances and save people from uncertain futures.

Many people enter a marriage expecting to stay together for life, but sometimes, an unstable or rocky union is dangerous to both the partners and their family members. Terminating a marriage might be a difficult decision, but it might be the best for all parties involved. But even if you are staunch in your decision to separate and your soon to be ex-spouse agrees to the split, it does not mean it will be easy. The Singaporean government tries to encourage couples to put some effort into their marriage, so they do not make it simple for couples to separate.

We often see divorce as a taboo or a sensitive topic in Singapore. Other times, people might be hesitant to share about the personal circumstances involved in the breakdown of a relationship. They are oftentimes connected to traumatic events, long separations, and other difficult topics. But a good divorce lawyer in Singapore will understand your circumstances and help you to your advantage.

Handling family-related matters due to divorce

Hashing out the finer details of separation is precisely the reason why divorce takes so long. There are more than a few cases where a divorcing couple might squabble or argue over their rights to their properties and other assets. Some might pay hefty lawyer fees for divorce to defend their access to their businesses. When money is involved, personal matters are messy.

Divorce is arguably easier if you and your spouse are a childless pair. You only have your case to defend. When you have children involved, though, your situation will be substantially more complicated. A couple will need to figure out what arrangements are best for their children and who will be in charge of their wellbeing. Most of the time, joint custody will be the decision of the court.

Unfortunately, not every partner will have their child’s best interests at heart. And other times, one or both parents may be unfit to gain responsibility for the children. The safety of the child should be the number one priority when negotiating for custody of your kids. Talking to a family lawyer in Singapore can help you explore more options on child custody.

How is child custody determined?

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Child custody is one of the most common points of contention in a divorce. In a dissolution of a marriage, most couples will start to consider separate living arrangements. The court will always look into any individual case and decide the best course of action for the children. There are a few main factors that might influence their decision.

1) The financial and emotional ability of a parent to care for a child. A parent’s ability to care for their child is a consideration that courts will take. Children have needs, such as proper education, caring, and nutrition, that parents need to provide. Having a greater ability to fulfil this might put you at an advantage.

2) The living arrangements of the child. If children are living in a satisfactory arrangement and do not wish to change it, the court may seek to preserve as much of it as possible. The Singapore divorce process might prevent you from seeking changes that are not beneficial to your children. Major changes that may negatively impact your children, such as relocating to a new country, might be frowned upon.

3) The person who acts as the primary caregiver. In every marriage, both partners do their duties to care for their children. They may both love their kids and show their support in various ways, but in the case of a divorce, the court may favour the one who provides the most time and effort in caring for the child.

Types of child custody in Singapore

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As a parent, it might be extremely worrying and stressful to think about losing custody of your child. But single-parent custody is not the only option that you have when you file for divorce. If you want to improve your chances of getting custody of your child, reach out to the best divorce lawyer in Singapore. They will help you explore your options.

Here are the outcomes you might receive when the court is determining child custody.

1) Joint custody. Joint custody means that both you and your partner will be involved in all major decisions regarding your children. Joint custody is the most common custody order given, as parental responsibilities do not end when divorce happens.

2) Sole custody. Under sole custody, only one of the spouses is granted child custody. They will make all major decisions regarding the child. This order is usually given to couples where relations have deteriorated to a point where open lines of communication are not possible. In other, rarer circumstances, one parent may have voluntarily given up custody, or one parent may be abusive or dangerous to the child.

3) Split custody. If the couple has more than one child, split custody is possible, wherein some children are in one parent’s custody and the other parent has the rest. This type of custody is rare.

Divorce is difficult, if not impossible, to go through yourself. Why not hire a family lawyer to help you out? Lie Chin Chin helps you through the tough changes happening in your family dynamics. For more information on divorce in Singapore and its cost, reach out to the firm via their website.