Ask:
A questioner asks: I am a Muslim woman. A year ago, the court decided for divorce and custody of my three-year-old son and four-year-old daughter. My question is: If I am currently married, does my ex-husband have the right to file a lawsuit to lose custody of me? According to the Personal Status Act, does custody actually expire due to marriage? What are the requirements for loss of custody under the Personal Status Act? Please advise.
Answer:
To answer such a question, I would advise the questioner to:
Your ex-husband has the right to file a lawsuit for loss of your custody because, according to the Personal Status Act, custody can be forfeited if the mother gets married, unless the court decides otherwise in the interests of the child. Article 144 of the Personal Status Law states: “In addition to the conditions specified in the above article, the foster child must: If a woman: a- is not married in a consummated marriage to a man who is not related to the foster child, unless, the court decides differently in the interests of the child.”
2- The foster father’s right to care lapses in accordance with Article 152 of the same law in the following cases:
- Exception to any of the conditions referred to in Articles 143 and 144.
- If the caregiver chooses to live in another city, it will be difficult for the tutor to fulfill his duties.
- Should the person entitled to care remain silent without excuse for six months and not exercise this right?
- Should the new foster parent live with the person whose foster care allowance was forfeited for a reason other than physical disability?
Articles 143 and 144, for their part, establish the conditions that the foster father must meet for custody: sound judgment; have reached the age of maturity; Loyalty; Ability to raise the foster child and provide for his or her support and care; safety from dangerous infectious diseases; and not previously convicted of a crime against honor. In addition to these conditions mentioned, the foster parent must:
i- If a woman: a – is not married in a consummated marriage to a man who is not related to the foster child, unless the court decides otherwise in the interests of the child. b – Be of the same religion as the foster child, with due respect for Article 145 of this Law.
ii – If a man: a – He must have a woman around him who can act as a caregiver. b – Be in such close kinship with the foster girl that it is not possible for him to marry her. c – Be of the same religion as the foster child.
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