Imagine this: the divorce papers are signed, but your heart aches for your child. Your ex-spouse, for whatever reason, has slammed the door on your visits. You’re left wondering, “Can I still see my kid after the divorce?”
The good news is YES! You have rights as a parent (or usually the father in these cases) in Malaysia, even if you don’t have the legal custody of your child.
Why Can’t I See My Child?
There are many reasons why your ex might be denying you visitation. Maybe you are not paying the children’s maintenance on time. Maybe she thinks you’re a bad influence, or maybe the anger from the divorce. Whatever the reason, remember that your child’s well-being comes first.
What Are My Rights to Visit My Children?
Even if you do not have legal custody of your children, you are still entitled to have access or visit your children after the divorce.
That said, it is important to note that the Court may deny your access in very extreme circumstances, for example, if you are a bad influence such as a drug user/addict or having violent behaviour.
If this is not the case, you can always fight for your rights to have access to your children.
The Court will always uphold that visitation of parent is the children’s basic right.
How Can I Get Visitation Rights Back?
There are 2 main ways to get back your visitation rights:
- Talk it out: If things aren’t too bad, you and your ex-spouse might be able to work things out on your own. Try talking to her calmly and respectfully about setting up a visitation schedule.
- Get a lawyer: If talking doesn’t work, or if things are too heated, it’s time to get legal help. A lawyer can file the necessary application to the court to enable you to visit your children again.
Remember, you’re not alone! Many parents (especially fathers) in Malaysia have gone through what you’re going through.
Getting back your visitation rights can take time and effort, but it’s worth it. Your child needs and deserves a relationship with both parents. So, take that first step and fight for those parent-child moments before it is too late.
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