Child Custody is a significant matter covered under the heading of Family Law in UAE. Family Law clearly states the law regarding the custody of the children while parents are separating or getting divorced. Child Custody Laws in United Arab Emirates, are specifically designed to ensure the wellness and betterment of the child. In the cases of mutual divorce, special attention is given to this aspect.
Father is Guardian
- The father is declared as the ‘Guardian’ by Law. The father is termed as being responsible for financial support and assistance of the child. On the contrary, the mother of the child is described as the ‘custodian’ under the Family Law. You can learn the latest rules from Family Lawyers in UAE.
- However, under the United Arab Emirates, Law either of the parents can still request the Child’s Custody. They can fight for custody rights in the family courts of the UAE. Enjoy the privilege to apply their home country’s laws under specific circumstances.
- In Dubai, Child Custody following divorce is considered of paramount importance. Therefore, in UAE, as per Sharia Law, the mother is designated as the custodian of the child. On the other hand, the father enjoys the designation of being the guardian of the child. Non-Muslims can also apply for the Child Custody after obtaining the divorce.
Nevertheless, to obtain custodianship there are certain specifications to meet. The requirements may include being mentally sound and stable and capable of taking care of the child freely. Moreover, the custodian should be free from contagious or deadly diseases and not serve a significant prison sentence or imprisonment.
Under the Mutual Divorce, the father will remain the guardian, and thus, automatically the biological mother becomes the custodian. Even in disputes taken through Court Case, father remains guardian. This law also applies for Non-Muslims. The custodian is bound to take care of usually till a certain age. For boys, the age limit is eleven, and thirteen for girls. This is without infringing on the guardian’s rights.
Under the child custody law, the roles of parents are different. Moreover, the custodian and guardian have different roles to play. Added, they also don’t have equal parental obligations under the law.
- In most of the cases, the mother becomes the custodian during any sort of divorce. While on the flip side, the father is usually termed as the guardian of the child.
In addition, to be considered a custodian, a person must be rational, honest, and mature enough to take up the responsibility. Plus, the person should be capable of taking care of the child whatsoever. Besides, custodians should be free from any contagious diseases, and not charged with any type of criminal activity in law.
In mutual divorce, there are specific requirements concerning custodianship. In some special cases, if the mother of the child is granted custody, she may be ordered not to remarry. If she remarries it should be permitted by the court. Furthermore, she must practice the same religion as that of his or her child.
In case, if the father of the child is granted custody there are specific requirements. Father of child has to live with the woman who can look after the child. Additionally, she must embrace the child’s religion as well.
The mother of the child can also claim extended custody. The claim is till the time the child completes schooling or gets married if it is supported by good school performance and medical records.
He can claim it in case he believes the child is not receiving a quality education. Under this situation, the court has the liberty to decide whether to grant limited or full child custody.
As per the Sharia law, the non-custodial parent enjoys only visitation rights. They are obtained by the order of the court.
If you are going through a mutual divorce or a similar kind of situation, feel free to contact a family attorney in the UAE. They have a grip on the understanding and knowledge regarding the law.
Moreover, legal assistance from family lawyers in the UAE is useful for tactfully handling fragile and sensitive matters which involve children. Whenever the children are involved in family matters, the child’s future and well-being are given the utmost importance.
Henceforth, in mutual divorce, a child remains the prime focus of the parents, families, lawyers, judges, the courts, and other stakeholders involved. The lawyers and attorneys can help navigate the complexities of mutual divorce child custody in the UAE. Furthermore, they can provide legal guidance to the clients over all the crucial aspects of family law.
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