Question

Question

I want a divorce but do not want to give my husband custody of my kids. Is there a way out?

Jamie Koh · Answer

It is not up to you to decide. You can state your wish to the Court though. The Court will take into account the wishes of both parents, as well as the child (if he is old enough to express his opinion), but ultimately the Court will take into account different factors and prioritise the interest of the child. This, of course, includes finances as well as future family environment. http://www.lawsociety.org.sg/forPublic/YoutheLaw/CustodyMaintenance.aspx

Diana Lai · Answer

The Court generally consider the following areas as major decision making: 1 Medical issues like whether the child is to be hospitalized or a particular surgery should be performed on the child. 2 Educational issues like the choice of school, choice of enrichment classes, choice of course in school, choice of subjects, whether the child is to attend a particular school trip or outing, or tuition. 3 Religious issues like the religious instruction of the child, attendance at places of worship, undergoing religious ceremonies, etc. If you want a 'sole custody', order where the right is given to one parent to make major decisions for the child without the agreement of the other parent. These days, the Court who although may grant a sole custody order will sometimes also includes an order that the custodial parent must consult (or even obtain the consent of) the other parent when making decisions on specified matters, for example, choice of school, choice of course in school and so on.http://www.wwlegal.com/posts/sole-custody-joint-custody-or-care-and-control-what-in-the-world-do-they-mean/