Non-Parental Child Custody Rights: A Comparative Perspective

Abstract

Child custody in Malaysia, significant among divorced
parents, stresses that the courts determine custody rights based on the
best interests and welfare of the child. However, there are occasions
when other important individuals play a major role in a child’s life
aside from the parents and they may include an aunt, uncle, stepfather,
grandparent, foster parent and/or step-parent. This article examines
child custody disputes by investigating the circumstances in which the
court awards the right of custody of a child to a non-parent in Malaysia.
A comparative legal research methodology is employed to analyse this
aspect in the perspective of Civil and Islamic laws. The findings of this
paper propose several comprehensive policies and guidelines which can
assist the courts in awarding rights to non-parent caregivers who have
played a vital role in raising children in the absence of their biological
parents.