Child Custody

Role of Family Lawyers in Child Custody

January 23, 2023

Once the couple has taken the decision of divorce then next important thing is to, decide about child custody. Like divorce, child custody is also decided in court because either party is not ready to give up the rights as custodians. Family Lawyers help couples in divorce, child custody, alimony and all the relevant matters. Child Custody is an important part while filing a family case in Court. Divorce might not take a long time because once the couple decides, then it has to be decided. But child custody might take time because mostly either party is found not giving up on custody unless the court verdict comes. Family Lawyers are also needed here with the expertise. Family Lawyers in Dubai are the best attorneys in United Arab Emirates, for divorce cases, child custody cases and more.

Custody of Children

Family and Personal Status Laws are also revised in the last two years in United Arab Emirates. For Non-Muslims and people from other countries, the ease is created so they could choose their own Laws in court verdicts. Abu Dhabi also issued and implemented a new Law for Non-Muslims in Abu Dhabi. The Law is known as Law 14 of 2021. Let us tell you before discussing further that all Personal Status matters are managed through Federal Law 28 of 2022 in the United Arab Emirates, as Federal Law. It was an amendment to Law 5 of 1985. The UAE government had formed and implemented all such Laws since after its inception. The laws are also revised and amended with the passage of time. As per the definition, a guardian is the one, who provided financial support to kids and a custodian is the one, who has to manage the daily day-to-day requirements of the children.

Custodian and Guardian

For a Custodian, he needs to have, some conditions to be met. He needs to have certain conditions to be met decided by Law and Court. For example, there must be a judgement, sound mental condition, ability to raise up a KID, no disability, etc. If the custodian meets the criteria, then the court awards the custody to the custodian who applies for this. For a Boy, custody is provided to the mother until he becomes 11 years and for a girl, the age is 13. If the Custodian is the mother, then she must be having the same religion as KID and she should not marry a new Husband. In the case of religion, the judge can still provide custody to the mother, because this is based on his assessment and judgement. Mother should also not have a criminal record.

Guardian is always the father. He has to manage the financial and other life needs of the children. After a certain age set by the Law, the father mostly takes the custody of children. But he always remains a Guardian and now the law can change this status from him. Law and Order are always set and made for the betterment and ease of people. People breaching the Laws and acceding the Laws are always held accountable.