Maternal Presumption

Section 88(3) of Act 164 says the court starts from the view that a child under seven is better off with their mother.

This is a “rebuttable” presumption, which means it can be overturned. The court can decide otherwise if the child’s welfare needs it. It also weighs the harm of disturbing the child’s life by changing custody.

Why it matters: for young children, the mother often starts with an advantage, but a father can still show that another arrangement is better for the child.