Child Custody

Whenever we have to discuss women rights then we can’t put aside the alimony, and child custody, from her rights. We will discuss, the requirements here, for child custody after the divorce. With divorce, matters like child custody, alimony, or joint assets should also be resolved. Law in UAE and the Family Lawyers, do help couples in child custody and joint child custody. As per new law, the non-Muslims, can apply for divorce first and apply for alimony and child custody later. For Muslims, the Sharia Law has to be applied where there is No-Fault Divorce or Divorce, with the before stated way. There is a difference between Sharia and non-Sharia Law.

Child Custody means to keep the custody of children. Getting involved in the upbringing of children, and taking care of the children is the custody matter, but the father remains always the guardian by law. As per Law, 11 years is the age of a boy and 14 years is the age of a girl, and the mother can keep custody up to these ages. But let us repeat that the father will remain the guardian.

• Article 178 of Personal Status Law which is about guardianship throws light on the guardianship of children and property.

Guardian is responsible for paying the upbringing, raising, education, health, living, accommodation and all the life necessities. If mother is the custodian, then, the father will remain the guardian and when even the father is chosen custodian by court, he will still be guardian. It shows father remains always the guardian but custody is most of the times rendered to mother.

• As we mentioned before, mother remains custodian for 11 and 13, for boy and girl respectively.

The rights of parents are not equal. Father and mother do not have or share equal rights after the divorce. The mother is like a caretaker as custodian and the father has to manage all the expenditures. The father has to carry all the financial obligations which is not up to the mother. Therefore, the mother can’t share equal rights or obligations with the father.

The requirements of a Custodian, as per Article 143, are as follows;

• The custodian should have sound mental health.
• The Custodian must be having an age allowed by Law to keep the custody of a KID.
• The Custodian must be capable of bringing up the children.
• The Custodian should not be having serious or contagious diseases.
• The custodian must be capable of keeping the children safe.
• The custodian should not be involved in any crime and wanted to security agencies/police.
• Religion of the custodian and the children must be the same when she marries to another person.
• The custodian can also apply for the extension of custody, which has to be decided by the judge.
• When the mother custody has expired then, the father has to apply within 6 months to get the custody of KIDS. He has to apply for or take custody within 6 months of the expiry of mother custody.
• If he does not apply for custody within 6 months, then the mother can apply to extend her custody. It is considered as non-seriousness or unwillingness of the father.
• Article 154, personal status law, provides the right of visitation to the father. The visitation schedule is decided by court based on the request of both parties, either party or decided by the court.
• A custodian can’t take the children out of the country without the permission of a guardian.
• If legitimate permission is not granted by a guardian, then the mother/custodian can contact the court.

For a situation, it is always suggested to consult the Family Lawyers. The Family or Personal Status Lawyers can help you grab the latest law and help you in court.