What is the custody and what are the conditions required for the custodian
What is the custody and what are the conditions required for the custodian ?
The custody is to preserve, raise and care for the children without affecting the custodian’s right of tutelage over the child.
The custodian of the child must be sane and adult, in addition to his honesty. He must be able to raise the child under custody and protect him from the dangerous and contagious diseases. He must not be previously condemned for a crime against honor.
If the custodian is a woman, she cannot be married to a man not related to the child under custody, in order to prevent the little child from harm.
The Court may decide otherwise. For example, the mother’s marriage to another man not related to the child drops her right for custody and her marriage to a man related to the child does not drop her right for custody. Here in this image, the father marries another woman and the mother is married to another man,
the judge must consider the child’s interest as the father’s wife might deal badly with the child while the mother’s husband is kind to him. Here, the child’s interest is to live with his mother.
There is another condition that the custodian must be of the same religion as the child under custody, means the custodian shall be Muslim if the child is Muslim.
If the custodian is a mother of a different religion than that of the child, her custody shall be dropped unless the judge deems otherwise in the interest of the child provided the period of custody ends upon his completing the age of five.
If the custodian is a man, in addition to the previous conditions; he should have a woman fit for caring for the child. He must be within the prohibited degrees of kinship if the child under custody is female such as the uncle and he must be of the same religion.
We have mentioned in the beginning of the essay that the custody is to preserve, raise and care for the children without affecting the custodian’s right of tutelage over the child.
Tutelage on the person:
It is the care of whatever is related to the minor person; supervision, protection, education, teaching, orientation and proper raising, this includes consent to his marriage.
The tutelage ends when the minor becomes an adult.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
