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In Al Ain City, as in other parts of the United Arab Emirates (U.A.E), child custody issues are mainly governed by the Federal Law No. 28 of the year 2005 (U.A.E. Personal Status Law). This law specifies that a mother can retain custody of the children until 13 for boys and 15 for girls. However, this is subject to certain conditions like the custodian being sane, honest, capable of child-rearing, and have no communicable disease. The law emphasizes the maximum benefit of the child in any situation.
Legal help is often necessary in child custody cases particularly when the parents cannot agree on custody, when a parent intends to move to another country and take the children, or when there are concerns about the children’s safety or well-being. Furthermore, a lawyer can guide you in navigating the complexities of International Child Custody disputes, which can become complicated in the U.A.E due to the differences in laws compared to western countries.
The local laws state that in the absence of a mutual agreement between parents, the courts hold the discretion in child custody matters. The court may grant custody to the mother, but the father (or the male guardian) remains the guardian who takes care of financial and legal matters of the minor. In circumstances where the court deems both parents unfit for custody, it may assign a suitable third party to act as a custodian.
Yes, a mother can lose custody if she remarries someone who is considered legally as infamous because it may harm the child’s upbringing. The court has the discretion to transfer the custody to the father or another suitable candidate if it considers it as the best interest of the child.
Yes, a father can win custody of his children in specific conditions mentioned under U.A.E personal status laws such as when the mother is deemed unfit to raise the child.
The court considers different factors including the parents' conduct, the financial stability and ability to care for and raise the child, the interest of the child, among others.
The child will follow the religion of the father as per the U.A.E law.
Yes, grandparents do have rights, and they may be considered for custody of grandchildren if neither parent is deemed suitable by the court.
Visit the official portal of U.A.E government (u.ae) or the Abu Dhabi Judicial Department (adjd.gov.ae) for more official information on Child Custody Laws. Your lawyer can also provide resources for more personalized information.
If you need legal help with child custody in Al Ain City, it’s best to get in touch with legal firms that specialize in personal status law, some of whom offer free consultations, to guide you through your legal journey. Ensure that they have a good understanding of the child custody laws in the U.A.E, especially if you are a non-national or have an international marriage.
