Nursery

• What is meant by custody?

Protecting someone who cannot take care of themselves from harm, raising them, and looking after their interests, including education and treatment.

That is, it goes beyond providing shelter and food to comprehensive supervision of the upbringing, physical, psychological, and educational care of the child in custody.

• Conditions of custody according to the system:

- Complete legal and religious competence.

- Actual ability to raise and care for the child in custody.

- Free from serious contagious diseases.

- If the custodian is a woman:

She must not be married to a man unrelated to the child, unless the child's interest requires otherwise.

- If the custodian is a man:

He must be a mahram (permissible guardian) of the female child in custody and must live with a woman who is suitable for custody.

• Order of custody rights after divorce or separation:

Custody is the duty of the parents during marriage; after separation, custody is:

1- To the mother.

2- Then to the father.

3- Then to the maternal grandmother.

4- Then to the paternal grandmother.

5- Then the court may choose whoever it deems best for the child's interest.

The court has discretionary power to prioritize anyone over this order if the child's interest requires it.

• When does the right to custody lapse?

- Loss of one of the custody conditions.

- The custodian moves to a place harmful to the child's interest.

- Failure to claim custody for more than one year without excuse.

- With the emphasis that the child's best interest is always prioritized, and custody may be granted to someone not next in line if interest requires it.

• Can custody be regained after it lapses?

Yes, the one whose custody right has lapsed may apply again if the cause of lapse is removed, such as recovery from illness or end of the custodian's marriage to a stranger.

• If custody is not claimed by those entitled?

- If the child is under two years old: the mother is obligated to have custody.

- If over two years: the father is obligated to have custody.

- If no one accepts it: then the father is obligated if present, otherwise the mother is obligated.

• Does leaving the marital home cause the mother to lose custody?

If the mother leaves the marital home for any reason, she does not lose custody unless the court finds it harmful to the child's interest.

• Visiting and accompanying the child in custody:

- If the child is with one parent, the other parent has the right to visit, accompany, and take the child according to agreement or court decision.

- If one parent is deceased, the court may appoint relatives entitled to visitation.

- If the child is with someone other than the parents, the court also decides who has the right to visit.

• Traveling with the child outside the Kingdom:

- If the custodian is one of the parents: traveling with the child for more than 90 days is not allowed except with the other parent's consent.

- If the custodian is not a parent: traveling for more than 30 days is not allowed except with the consent of the parents or the surviving parent or legal guardian.

When does custody end? And does the child have the right to choose?

- The child, upon reaching 15 years, may choose to live with either parent unless it contradicts their interest.

- Custody ends when the child reaches 18 years.

- If the child is insane or suffers a disabling illness, custody continues according to the legal order.

Conclusion:

The Personal Status Law is balanced to achieve justice between parents and preserve the child's rights, prioritizing their best interest at all stages. The court has flexible discretionary authority to ensure the child is not exposed to any psychological, social, or health harm.

• If you need legal advice regarding custody or to file a lawsuit?

We at Musaad Al-Nassar Law Office are pleased to provide comprehensive legal services in personal status cases to protect your rights and the rights of your children.