Legal Rights of Stepparents and Blended Families in UAE

In modern times, the concept of blended families is becoming insanely popular. The UAE has also experienced a rise. The blended families often include stepparents, stepchildren, and other extended relatives. These dynamics may bring diversity to the family structure, but they also bring with them many legal and emotional questions. This dynamic brings not only emotional but also legal challenges. It is because the step-parents have a limited legal role. They play a critical emotional and supportive role. The blended families in the UAE do face legal problems. Let us explore the concept of blended families and discover the legal rights of step parents. Matters like guardianship, child custody, inheritance, travel arrangements, and others may face shortcomings. Seeking the assistance of an expert lawyer in Dubai will be beneficial. Dubai law firms support blended families to build secure, legal, and protected households. The lawyers in Dubai will uphold the UAE family law, as well as respect the cultural values and societal norms.

Understanding of Leal structure is essential to ensure the safety of all family members. In the UAE, the family law is the combination of Federal legislation and Sharia principles. This is to ensure legal compliance, and clarity, for the families. The UAE family law governs the family relations, and the guidance is taken from the established laws below:

• Federal Law No. 28 of 2005 on UAE Personal Status Law
• Federal Law No. 41 of 2022 about Civil Marriage and Divorce Law for Non-Muslims

The lawyers in Dubai seek legal guidance from the laws that are applied to both UAE nationals and residents. Sharia Law is applicable to Muslim families in United Arab Emirates. Additionally, the non-Muslims have the option to follow the UAE’s civil family law in certain emirates, including Emirate of Abu Dhabi. The blended families where one or both partners have children from a previous relationship all adhere to this legislation.

The concept of blended families is also called stepfamilies. This refers to the families where any parent remarries after divorce or the death of the spouse, one or both spouses have children from previous marriages, and step-parents live together with their children from previous marriages. In recent times, there has been an increased trend of blended families, but it is associated with complexities. It mainly depends on numerous crucial factors like religion, nationality, and the UAE family law.

According to the UAE family law, the biological parents hold the core legal responsibility towards the children. The step-parents in the UAE do not automatically have any legal authority over the step-children. Primarily, the role is limited to care and support rather than legal guardianship. It is essential to differentiate. The step parents who intend to play an active legal role in their step children’s lives must needs to follow the formal and legal agreements, and court approvals are mandatory.

• Guardianship in UAE

Normally, the term guardianship refers to legal authority over a child’s upbringing, education, and healthcare decisions. In the majority of cases, guardianship in the UAE stays with the biological parents of a child. The step-parents in the UAE do not automatically get the guardianship rights. Instead, they have to seek rights from the court’s discretion, and approvals are needed.

The UAE family courts may grant guardianship in certain cases as follows: The biological parent has passed away, or the biological parent is unable to provide proper care for the child, or the court determined the best interest of the child.  Under these scenarios, the role of law firms in Dubai is crucial to establish that the UAE family law complies with the legal procedures.

• Child Custody in UAE

Typically, child Custody in the UAE is related to the day-to-day care and support of the child. It may relate to where they live and who provides the daily necessities of life.

Following the divorce between the couple, the child custody is granted to the mother of the child. However, the father remains the legal guardian of the child.

If a biological parent chooses to remarry, the step-parent may live with the child, but this doesn’t automatically change the legal custody or decision-making power.

• Step-Parents and the Need for Financial Support:

The step-parents in the UAE are not legally obligated to provide financial support to the step-children. The financial support responsibility lies with the biological father of the child. Many step-parents volunteer and contribute to the household and support their step-children. It is a voluntary support that doesn’t give legal parental rights to the step-parents. However, the formal legal procedure can be taken for the rightful parental rights and obligations.

• Travel and Relocation with Step-Children in the UAE

Traveling alongside step-children is a sensitive matter in the UAE. Before travelling abroad, the step must acquire written consent from the biological parents and, in some cases, court approvals for temporary guardianship.

In case of non-compliance, it can lead to travel bans, legal issues, or other legal complications. Families must rely on lawyers in Dubai before executing a travel plan involving step-children in the UAE.

According to the UAE law, only the biological children are entitled to inherit from their parents. As per Islamic law, stepchildren have no right to inherit from step-parents in the UAE.

However, if the step parents wish to provide for their step-children, they must go through a legal and valid will to require inheritance. On the other hand, the step-parents do not automatically inherit from the step-children unless it is explicitly mentioned in the will.

It is indispensable for blended families to seek the assistance of law firms in Dubai. They understand the legal matters regarding parental rights and obligations and thus, guide you accordingly.

They work to protect the legal interests of the client. It also drafts the written agreements for financial contributions or guardianship arrangements. The family Lawyers in Dubai have the potential to draft valid and legal wills that cater to the stepchildren, step-parents, or beneficiaries.

They have knowledge about the UAE family law, Islamic laws, and other legislations that assist in avoiding future disputes. The seasoned attorneys in Dubai assist with obtaining the formal consent for travel with step-children.