Child Custody As Per Sharia Law
Child Custody As Per Sharia Law:
Where there are kids involved in a marriage, it is the foremost thing to consider when heading for Divorce. Child Custody is of great importance whenever spouses are parting ways. Divorce itself is quite a strenuous and worrisome situation for the spouses. Moreover, when kids are involved, it makes it even more troublesome. Today, we will discuss in depth the vital points to consider under child custody. Child custody is dealt with under the Federal Law of UAE Personal Status law. A custodian is a person or an individual directly related to the child day to day life. Readers can also read the Federal Law of UAE Personal Status Law, in detail here.
Explanation Custodian and Guardian:
A custodian is involved in raising a child on a daily basis taking care of him and bringing him up. On the contrary, a guardian is the one who takes care of the financial maintenance of a child. He takes care of all the decisions related to the kids, education, and taking care of affairs. Mostly the mother is a custodian up to 13 years of age. According to Article 146 of UAE Personal Status Law, it is the mother who is the ‘Custodian’ while the father follows. But father remains as guardian forever.
Particular Criteria:
Under the law, the custodian needs to fulfil particular criteria which include sound judgment, attained the age of maturity, fidelity, ability to raise the fostered child, and so forth. Besides, she also needs to take care of safety, and maintenance, or not be involved in a crime. In addition, if the custodian is a woman she needs to be of similar religion as the child. On the contrary, if the mother is of a different religion than the child, the child's custody is fortified. Under this scenario, the custody period ends within the child completing 5 years. Read More about this topic here, defined by licensed Advocates and Legal Consultants in UAE.
Age, till mother, can keep the custody
The mother has the right over the child custody till the male child reaches the age of 11 while the female child is 13. The court has the discretion to extend the age of the custody depending upon the best interest of the child. The extension may be granted till the age of maturity for a male child and a female till she gets married.
On the other hand, the father does have the right to claim child custody once the son reaches the age of 11 and the daughter is 13. Moreover, a mother will continue to have child custody if the child is disabled or suffering from any illness or disease.
By Court Rule:
Besides, during the court proceedings, it is the mother who is granted custody of the children whatsoever. The judges can think otherwise by considering the best interest of the child. The mother of the child has the right to claim for the maintenance of their child. As a custodian, she can claim it from the father of the child. Moreover, under this, the performance of her services is also taken into account.
Additionally, the father has to fulfil financial support to the children. The article gives a brief introduction to the laws regarding the custodianship in UAE. You can take up professional legal advice for full-fledged child custody. Family lawyers in the UAE are of great help here.
Hire the Lawyers?
This is the question that what stage a lawyer should be hired. A lawyer should be hired for legal counselling, initially up to the stage of court representation. Lawyers must be hired when there is a need and needs can be felt by the people better than others. No Body can tell you about the need, therefore when the need is felt please do contact the lawyers and legal consultants.
