Navigating a Divorce and the complexities of child custody after Divorce can be one of the most challenging experiences a mother can face. You are not just ending a marriage; you are fighting for the future of your child.
This guide is for all the mothers in Singapore who are wondering how to fight for child custody. We will walk you through the process, helping you understand your rights and the steps you need to take.
1. Document Everything Meticulously
Keep a dedicated journal or log to record your involvement in your child’s life. Be detailed and factual. Note down who handles daily tasks like homework, meals, and bedtime routines. Record who attends parent-teacher meetings, takes the child to doctor’s appointments, and participates in school events.
You should also keep a factual record of any concerning incidents, such as the other parent missing scheduled access times or engaging in inappropriate communication. Save important text messages and emails that can serve as evidence of your role as the primary caregiver.
2. Maintain a Stable and Positive Environment
The Court looks for stability. This is more than just a roof over their head; it’s about emotional security. Try to keep your child’s life as normal as possible by maintaining their school, friendships, and daily routines. You mustn’t speak badly about your ex-partner in front of your child.
The Court views this very negatively, as it puts the child in the middle of adult conflicts. A stable and loving home is one of your greatest assets.
3. Communicate Effectively and Respectfully
Even when it feels impossible, try to communicate with your ex-partner in a polite and business-like manner. Keep conversations focused only on the child’s needs.
Using email or a parenting app for communication is a good idea, as it creates a written record and can help keep emotions in check. This demonstrates to the Court that you are a reasonable parent who can put your child’s interests ahead of your feelings.
4. Take Mediation Seriously
Before you can have a full-blown hearing in Court, you will likely have to attend mandatory mediation and counselling.
Do not see this as just a box to tick. See it as an opportunity. Mediation allows you to have a direct say in your child’s future and to craft a parenting plan together, rather than having a judge decide for you. It is often faster, less expensive, and far less stressful than a trial.
5. Seek Professional Legal Advice Early
An experienced family and Divorce lawyer is your best ally when you are learning how to fight for child custody as a mother. A lawyer does more than just represent you in Court.
They will help you understand the law, gather the right evidence, manage all the complex paperwork, and negotiate effectively on your behalf. Getting advice early on can help you avoid making costly mistakes.
Understanding Custody in Singapore
In Singapore, the Court’s primary concern in any child custody case is the child’s best interests. This is the principle that guides every decision. There are a few different types of custody orders the Court can make:
- Sole Custody: One parent has the authority to make major decisions about the child’s upbringing, such as those related to education and religion. This is not very common.
- Joint Custody: Both parents are involved in making major decisions about the child’s life. This is the most common arrangement as the Court believes it is in the child’s best interest to have both parents involved.
- Care and Control: This determines which parent the child will live with on a day-to-day basis.
- Access: This arrangement is for parents who do not have the care and control to spend time with their child.
Tips On How to Get Full Custody of a Child as a Mother
Many mothers come to us asking how to get full custody of a child as a mother, often referring to having the child live with them and making all the decisions. It’s important to understand that the Singapore Courts very strongly favour Joint Custody.
The starting point for the Court is the belief that a child benefits from having both parents involved in their life.
Therefore, securing a Sole Custody order is an uphill task. You cannot get it simply because you feel you are the better parent. You must provide the Court with compelling reasons why the other parent’s involvement in making major decisions would be harmful to the child. The Court will only grant Sole Custody in exceptional circumstances, such as:
- Proven Abuse or Neglect: If you can show clear evidence, like police reports or medical records, that the other parent has abused or neglected the child.
- Abandonment: If the other parent has completely abandoned the family, is uncontactable, or has shown no interest whatsoever in the child’s life for a long period.
- Serious Endangerment: If the other parent has issues like substance abuse, a serious criminal record, or severe, untreated mental illness that makes them unable to co-parent safely and effectively.
- Complete Inability to Cooperate: In very rare situations where the relationship between parents is so hostile and conflicted that making joint decisions is impossible and causes distress to the child, the Court may grant Sole Custody to one parent to create stability.
Conclusion About Fighting For Child’s Custody As A Mother
The journey through a Divorce and child custody battle is undoubtedly tough, but remember, you are not alone. By understanding the law and preparing yourself, you can increase your chances of a positive outcome.
For expert legal guidance and support, consider reaching out to Tembusu Law, home to the best family and divorce lawyers in Singapore.
Contact us today for a free consultation.
Frequently Asked Questions About Fighting For Child’s Custody As A Mother
What Are The Different Types Of Child Custody In Singapore?
There are three main types of custody orders in Singapore: sole custody, joint custody, and hybrid custody. Joint custody is the most common, where both parents share responsibility for major decisions.
Can A Mother Lose Custody Of Her Child In Singapore?
Yes, a mother can lose custody if it is proven to be in the child’s best interest. This can happen in cases of abuse, neglect, or if the mother is deemed unfit to care for the child.
At What Age Can A Child Decide Who They Want To Live With?
While a child’s wishes may be considered, especially if they are mature enough to express an independent opinion, the Court makes the final decision based on the child’s best interests.
How Is Child Maintenance Determined?
Both parents have a legal duty to maintain their children financially. The amount of maintenance is determined based on the child’s needs and the parents’ financial capabilities.
Does Adultery Affect Child Custody Decisions?
Adultery does not automatically affect child custody decisions. The Court’s primary focus remains on the child’s welfare and best interests.
