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Custody and Guardianship
An important question that concerns parents' legal rights over their children who are minor as well as the obligations towards them is custody and guardian.
Rights and obligation of parents are divided into two areas in the eyes of the law.
Custody - The right to look after a child welfare and to physically take care of its concerned.
Guardianship - The right and duty of protecting the person and property of a minor. A person under the age of majority has no legal capacity to protect their own interest or manage their own affairs. Therefore, the necessity for a guardian arises.
WHO IS CONSIDERED A CHILD OF THE MARRIAGE?
A child of the marriage is:
a child of both parties who is under the age of eighteen (18) years;
a child of one party to the marriage accepted by the other party;
an illegitimate child; and or
a child legally adopted by either of the parties to the marriage.
WHO IS A MINOR?
Under the Malaysian Law, a minor is defined as one who has not attained the age of maturity. The age of maturity is 21 years except for Muslims, which is 18 years.
WHO HAS THE RIGHT OF CUSTODY OVER A CHILD?
Custody lies with both parents in a marriage. Custody may be granted to only one parent. In a divorce the other parent is given visitation rights. If the child is illegitimate, the law dictates that both guardianship and custody of the child rests with the mother, unless the child is subsequently legitimated by the marriage of his parents.
WHAT ARE THE DIFFERENCES BETWEEN AN ILLEGITIMATE AND LEGITIMATE CHILD?
If the parent dies intestate, a legitimate child is entitled to property from both parents. An illegitimate child cannot inherit his/her father's property if the father dies intestate.
However, that child can inherit the mother's property if she dies intestate, unless she has other legitimate children.
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Why hassle with the research of the rules and regulations, engage us to conduct on the necessary research just for you.
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