Ask the Law: Non-Muslim woman asks about child custody in case of remarriage

Ask:

A woman asks: I am non-Muslim and married to a non-Muslim man. I want to know the court requirements when filing a divorce lawsuit. If I get divorced and have custody of my children, will I lose custody if I marry another man? Please advise.

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Answer:

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

Regarding divorce, Articles 7 and 8 of Federal Law No. 41 of 2022 on Personal Status Law state that wives and husbands are equal in their rights and obligations and each of them has the right to request separation by court order without prejudice their rights in connection with a divorce.

It is enough for one of the spouses to express to the court his desire to separate and not to continue the marital relationship, without the need to substantiate this request or reproach the other party or prove his fault.

With regard to custody, in accordance with Article 10 of the said law, the mother and father have the same right to joint custody of the child until the child reaches the age of 18. The child then has the right to choose their legal guardian.

After divorce, both parents share responsibility for the upbringing and growth of the child, provided the child's well-being is their primary concern.

Both the mother and the father can appeal the decision on joint custody if there is justification for doing so.

However, either of them can request a waiver of the right to joint custody, be it legal custody or physical custody or both.

The court decides on the request for the removal of the father or mother and the loss of their custody, whether temporary or permanent in the event of the other party's remarriage.

In addition, if after the divorce the father and mother cannot agree on a decision affecting the child, each of them has the right to file an application for judicial intervention to resolve the disputed issue.

The court will decide expeditiously on the request for intervention to settle the disputed issue of joint custody and will make the decisions it deems appropriate in the best interests of the child.