Child Custody is a legal term used to explain the concept of guardianship. It defines the practical and legal relationship between the parents, guardians, and children. It is the legal custody of a child which allows any parent to make important decisions about the child’s welfare. In general, parents may be co-parenting or any of the parents have full custody of their children.
The child custody issue arises in case of divorce, separation, annulment, adoption, or parental demise or death. The determining factor of child custody is dependent upon the best interest of the children and their well-being. In UAE the case is the same as the laws are made considering the interests of a child. There are a lot of other contributing factors that equally determine the final decision. The relationship is regulated by Articles 94, Article 95, Article 96, Article 97 to 109 of UAE Constitution, describing both systems, and details to local judiciaries.
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It is interesting to know that custody laws in UAE are unique as various roles are allotted to the father and the mother. Mostly allotted to mother up to certain age which is 13 for the girl and 11 for the boy. A Child custody law explains the guardianship and custodians of the child. Significant decisions like child education, upbringing finances, health, and other child affairs are made by the guardians. The custodian is the one who has the physical custody of the child which means that he is the actual caretaker of the child.
According to article 146, personal Status law, it is the mother of the child who is given custody of the infant and young children. Although, the court is allowed to alter the order or give a decision in favor of the father. This is all dependent upon the circumstances. Under the law, custody is transferred from the mother to the father once a child reaches the age of 11 or 13. For the boy, the age limit is 11 and for the girl, the limit is 13.
In most cases, the mothers are assigned custody whereas the fathers are guardians who are responsible for the finances, etc. in UAE it is normally the mother who wins the child custody of her child. The courts in UAE are mainly concerned about the children’s well-being and for that, they may change the decision. Mostly, the fathers are the custodians but yes, exceptions do exist. The law seeks to protect the inhabitants of the UAE.
Irrespective of the laws, the UAE courts have permitted them to enter the child custody agreement out of their own choice. It is one of the most common routes selected by divorcing couples in the UAE. This offers a greater level of flexibility and control over the decision.
Furthermore, it also helps in determining the rights of parents concerning child custody. The things taken into consideration in a child custody agreement are custody rights, visitation rights, financial obligations, travel, and other vital factors.
The lawyers assist in protecting the interest of the child and other family members. Family attorneys or family law legal consultants guide you through the most difficult times in family life and ease out the entire procedure. They offer a comprehensive sight of everything related to the child custody agreement.
They draw elaborated strategies custom designed to resolve child custody matters. In addition, they care about the minute details that can trigger any issue. Family lawyers take up the work to safeguard your loved ones facing personal turmoil.
