05 Aug Will Unemployed Mothers Get Child Custody in Malaysia?
If you are mulling over divorce because you and your husband cannot live in a loving home anymore, then one of the most common questions that wives ask would be who gets custody of their children.
You see, they talk to their divorce attorney because they want to get things over with, but they do not know exactly who will get the custody of their children. The reason why they’re thinking this is that some of them do not have any jobs as they are full housewives.
Look, at the end of the day, the court will just look at the situation that’s best for the children involved in the matter.
Under Section 88 of the Law Reform concerning Marriage and Divorce Act of 1976, the child will be given to either the mother or the father, except in circumstances that another party is deemed undesirable by the child. When it comes to deciding who gets custody of the child, the court should have regard to the wishes of both of the parents, as well as the wishes of the child (supposing that they are in the right age to decide for themselves).
Despite those two provisions, it would be in the best interest of the child that they are given to their mothers since they are, by nature, in need of their mother’s love and care. This is especially true if both the mother and the father of the child are no longer living under one roof.
But What About Housewives?
Now, given that the wife is not employed, meaning that they are full housewives, the court would still award the custody to the mother with the presumption that they can give their undivided attention to the child- allowing them to take full care and nurture the child to their fullest capacity.
The father, then, is obliged to provide the money and resources needed to take care of the child and the mother, even if they are not rewarded child custody. This is true for all custody cases in Malaysia.
So in summary, the court will always favor and grant custody to the mother of the children, especially if they are under the age of 7. Should the child be over 7 years old and have the capacity to choose on their own, then they may decide to go either with the mother and father.
In addition, if the mother is a housewife and is unemployed, the court would still grant custody to the mother with the notion that the father will provide all of the resources needed to take care of both the mother and the child/children.
However, this may all change if the divorce is based on a joint petition in that both parties should come up with an amicable agreement that either of them could get custody of their child.