Ask the Law: Divorced Muslim Man Requests Clarity on Grant of Custody Request

Ask:

A questioner asks: I am a Muslim man. A year ago, I divorced my Muslim wife and the court awarded her custody of my children, a girl and two boys, in addition to child support. My question now is that I have filed a lawsuit to revoke custody, particularly custody of my 13-year-old son. The reason for the removal of custody is my ex-wife's lack of interest and care for my children. I would like to know why the request for custody is approved according to the Personal Status Act. Please advise.

Answer:

To answer such a question, I would advise the questioner to:

According to Article 156 of the Personal Status Law, you have the right to file a lawsuit to deprive you of custody of your 13-year-old child. However, the decision is in the interests of the child.

As a general rule, under Article 156 of the Personal Status Law, a woman's right to care for a child ends when the child reaches eleven years of age if she is a man and thirteen years of age if she is a woman, unless , the court decides that extending this age for the man until maturity and for the woman until marriage is in his/her best interest.

The foster father's right to care lapses in accordance with Article (152) in the following cases:

1) Exemption from any of the conditions specified in Articles (143) and (144). These are the loss of reason, honesty and the ability to raise, maintain and care for the small child, or the mother suffers from a serious infectious disease, or she is sentenced to punishment for a crime of honor, or the female guardian marries one Alien on behalf of the young child, unless the court decides otherwise in view of the interests of the child in care.

2) In the event that the guardian chooses to live in another city and this makes it more difficult for the guardian to fulfill his or her duties.

3) Should the person entitled to care remain silent without excuse for six months and not exercise this right?

4) Should the new foster parent live with the person whose foster care allowance was forfeited for a reason other than physical disability?