Divorce can be stressful and more emotional if children are involved in your marriage. It can be a traumatic experience to witness the failure of your parents’ marriage for your children. One of the biggest concerns is, “How will this affect my child?”

If you have decided to seek a divorce, it is best if there is minimal conflict between your spouse and you. Most importantly, you must reassure your children that your love for them remains, and you will always be there for them.

After focusing on your child’s well-being, you will need to deal with the legal aspect concerning your child. They are mainly, Custody, Care and Control, and Access.

Many people are often confused with the terms “Custody” and “Care and Control.”

Custody refers to the right to make major decisions for your child, such as matters concerning education, and healthcare. The custody order will automatically expire when the child turns 21 years old.

There are four types of custody orders in Singapore.

Sole Custody

The parent granted sole custody of the child will be the only decision-maker for major decisions concerning the child. Such an order is uncommon unless the child's parents are on bad terms and their communication has broken down irretrievably.

Joint Custody

In this order, both parents are the decision makers for major decisions concerning the child. They are equally responsible for matters of the child. In this order, both parents will need to interact and come to a consensus on any decisions relating to the child.

Hybrid Custody

The custody of the child will be granted to one parent, who is required to consult with the non-custodial parent regarding matters concerning the child's well-being.

Split Custody

In a split custody order, the custody of one or more siblings is granted to one parent, while the other parent is granted custody of the remaining siblings. Courts generally prioritize keeping siblings together, so this type of arrangement is uncommon.

Care and Control refer to the rights to make decision in the child’s day-to-day matters. These decisions include what the child eats or wears, transport arrangements, etc.

If a parent is granted care and control, he/she will be the child's primary caregiver and is responsible for the child’s day-to-day activities.

There are two types of care and control, namely, sole care and control and shared care and control.

Sole Care and Control

Under sole care and control, one parent will be the primary caregiver. The other parent who is not living with the child will be granted an order to have reasonable access to the child.

Mothers are usually given the sole care and control of the child as they are usually the primary caregiver. However, it is still possible for the father of the child to request sole care and control. It may be granted if the father has been the primary caregiver before the divorce.

Shared Care and Control

In this arrangement, both parents will share equal time with the children. Typically, the court will only approve shared care and custody if it's deemed to be practical and in the best interest of the child. For example, such an order may not be granted to children attending school as it is inconvenient to travel between 2 homes frequently.

Access is usually given to the parent who is not granted care and control. This enables the parent to spend time with the child and, usually unsupervised unless directed by the court.

Parents are encouraged to work out and agree on the date, time, and venue of the visitation between themselves prior to the divorce proceedings.

The court will determine the amount of access to be given, considering the child’s needs.

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Seeking legal or professional advice is recommended during the process of divorce and/or obtaining child custody. They can better advise you on your rights and responsibilities concerning your child.

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