Question:
A questioner asks: I’m a Muslim man. A year ago, I divorced my Muslim wife and the court awarded her custody of my children, a girl and two boys, in addition to alimony. My question now is that I filed a lawsuit to drop custody, especially custody of my 13-year-old son. The reason for dropping custody is the lack of interest and care for my children on the part of my ex-wife. I want to know the reasons for granting the petition of custody according to the Personal Status Law. Please advise.
Answer:
To answer such question, I would advise the questioner that:
You have the right to file a case to withdraw the custody of your 13 years child as per Article 156 of the Personal Status Law, but it’s up to the court to decide on it as per the interest of the child.
As a general rule, the right of women to fosterage of a child as per Article 156 of the personal status law, shall end upon his reaching the age of eleven years, if a male, and thirteen years, if a female, unless the court deems that extending this age to the age of maturity, for the male, and up to her marriage, for the female, is in his/her best interest.
The fosterer’s right to fosterage is forfeited as per Article (152) in the following instances:
1) Derogation to one of the conditions stated in Articles (143) and (144). which are the loss of reason, honesty and the ability to raise, maintain and care for the young child, or the mother suffers from a serious infectious disease, or she is sentenced to a penalty in one of the crimes of honour or the female custodian marries a foreigner on behalf of the young child, unless the court assesses otherwise for the interests of the child in custody.
2) In case the fosterer elects a domicile in another city, thus making it difficult for the tutor to attend to his duties.
3) Should the person entitled to fosterage keep silent and do not claim this right for a period of six months without excuse.
4) Should the new fosterer live with the one whose fosterage has been forfeited for a reason other than physical disability.
