Malaysia Guardianship Application (“Permohonan Hak Penjagaan”)

What is guardianship?

A guardian has legal rights over a child. A guardian can apply for the identity cards, passport and schools for the children and is responsible for the child’s support, health and education.

Who should be the legal guardian of the child under the law?

Under the law, both the biological father and mother of the child shall have equal guardianship rights of a child while they live together. In the event of separation or divorce, the court may appoint either on or both as joint guardians with joint custody or with custody to either one.

If one of the biological parents of the child has passed away, can the child's relative apply to be a legal guardian of the child?

Yes. One may appoint a lawyer and file an application to the court to apply for the guardianship and custody of the child.

If both of the biological parents of the child have passed away, can the child's relative apply to be a legal guardian of the child?

Yes. One may appoint a lawyer and file an application to the court to apply for the guardianship and custody of the child.

Can I appoint my relative be the guardian for my child ?

Yes. You can appoint a guardian for your child in your will.

How to resolve a guardianship dispute? How will the court decide?

Kindly consult a lawyer. Your lawyer shall advise you upon knowing all the background and circumstances of the dispute. In general, the welfare of the child would be the main consideration of the judge while deciding on the guardianship and custodianship of the child.

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