Ask the law: Divorcee mum seeks clarity on child custody

To answer such question, I would advise the questioner that:

Your ex-husband has the right to file a lawsuit to forfeit your right of custody because according to the Personal Status Law, custody can be forfeited in case of the mother’s marriage, unless the court decides otherwise in the interest of the child. Article 144 of the Personal Status Law states that: “In addition to the conditions mentioned in the above Article, the fosterer must: If a woman: a- Not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child.”

2- The fosterer’s right to fosterage is forfeited according to Article 152 of the same law are in the following instances:

From their part, Articles 143 & 144 specify the conditions the fosterer must satisfy for custody: Sound judgment; having attained the age of maturity; fidelity; ability to raise the fostered child and provide for his maintenance and care; safety from dangerous contagious diseases; and not previously condemned for a crime against honour. In addition to these conditions mentioned, the fosterer must:

i- If a woman: a - Not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child. b - Be of the same religion as the fostered child, with due compliance with Article 145 of this Law.

ii - If a man: a - He must have around him a woman able to be a fosterer. b - Be related to the fostered girl with such close kinship prohibiting him to marry her. c - Be of the same religion as the fostered child.