answered on 11/12/2016
As you are under the age of 21 years, you are considered a child of a marriage. In the event of a divorce, there are two general considerations: (1) child custody, which grants the custodial parent(s) authority to make major decisions regarding the child; and (2) care and control, which is given to the parent whom the child will live with. In deciding the type of custody order, the Court will look at the best interests of the child by considering money or physical comfort, the child’s moral, religious and physical well-being, ties of affection to the parent, etc. Where necessary, the Judge may ask for social service reports or counselling sessions to assess the child’s and parents’ state and the type of custody order suited for them. In general, care and control is awarded to mothers, unless the mother agrees to the father’s request, or the child is at an age where he/she is able to express clearly to the Court his/her desire to stay with the father. If the mother is found to be abusive or neglectful of her child, the Court may order an evaluation report by the Family Court counsellor before coming to a decision.