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There is a common misconception that mothers will be granted “sole custody” of the children in a divorce. However, this is not the position at law as the court almost always grants “joint custody”, save for exceptional circumstances. Ultimately, the court will decide based on the child’s best interest.
Here are six things that fathers in Singapore should know about fighting for child custody.
Prepare yourself
Do your homework by getting familiar with child custody laws for fathers in Singapore. Seek advice from a family lawyer experienced in high conflict divorce cases involving fathers to evaluate your case. Take the time to listen to their valuable advice, and do not take for granted that the judge will see only your point of view.
Child custody is not the same as Care and Control
It is vital that you understand the difference between child custody and care and control arrangements in Singapore. As mentioned earlier, the Court is most likely to grant joint custody to both parents in Singapore divorces. However, only one party will be granted sole care and control of the children usually.
By granting joint custody to both parents, the Court wants to remind the parents that parenting does not end when the marriage ends.
Spouses are encouraged to co-parent and discuss significant decisions before implementing them for the children.
The parent with care and control of the children is the one who lives with them. He or she will make all the day-to-day decisions for the children. That includes the time the children wake up, what time to sleep, when they do their homework, etc.
An experienced divorce lawyer will explain the differences in greater details and advise you of your legal position in relation to custody, care, and control for fathers during the divorce proceedings.
Read more: Divorced Fathers with Care and Control of Children
Fighting for full care and control of your children is an uphill battle
Unfortunately, for fathers in Singapore, gaining care and control of children can be challenging, as the general position at law is for the mother to be granted care and control of the children. However, all is not lost.
If you have been involved in the children’s care arrangements before the divorce, you may wish to highlight this pertinent fact to the court especially if you intend to ask for sole or shared care and control of the children.
Shared care and control effectively mean that the children will spend approximately equal time with both parents.
However, such an arrangement will require a lot of communication and cooperation between parents. The children will also need to adapt to such circumstances. You may consider asking your divorce lawyer for advice on the care arrangement most suited to your situation.
Read more: Child Custody for Fathers – Common Questions
Access to your children is your legal right
In the event that you do not get care and control, you will be given legal access to your children in Singapore divorces on a periodic basis.
If your ex-spouse denies your rights to exercise access, you should consider speaking to her in view of resolving the matter amicably. Put her at ease if she is anxious and help her to get around the idea by bringing the children home on time.
However, if she is resistant, you can seek help from your divorce lawyer or make an application to Court to intervene and help you to gain access to the children.
Read more: Child Access: Arrangements Between Divorced Parents
Adultery on the part of your ex-spouse does not necessarily mean you get full custody as well as care and control of the children
Do not assume that you will automatically gain sole custody and care and control of your children in Singapore divorces if your ex-wife has been adulterous.
The reason for the breakdown of the marriage pertains to the first stage of the divorce matter, and the mere fact of adultery will not affect one’s merit in relation to custody, care, and control of the children.
You may consider applying to Court for a Custody Evaluation Report to be made.
A social worker or counsellor will speak with your children as well as other family members to determine the conditions at home before offering his or her recommendations to the Court. It is still the Court’s final decision to decide who gets care and control.
Read more: A Woman`s Adultery
Your children get a choice in some cases
The Court will consider the desires of children who can express themselves independently and maturely. A family court specialist may be appointed to evaluate care arrangements.
This is especially relevant for fathers in cases involving child custody disputes in Singapore, where the child’s wishes may influence the final decision on care and control.
Read more: How can my Child’s Voice be heard in Access and Custody Disputes?
If you’re a father in Singapore seeking custody and visitation rights, contact our experienced child custody lawyers for personalised advice and representation.
We’re here for you
We have a dedicated family law team ready to listen, understand your situation, and advise you on:
- Child Custody & Maintenance issues;
- Access Arrangements;
- Parenting Plans;
- Relocation issues.
