Custody of children after the separation of spouses and their separation is like a barbed fence that wraps around the neck of children, often igniting disputes between the two parties, which of them is more entitled to custody!
The nursery is defined as the custody of the custodian, who may be the mother or the father, with the children who are the children, after divorce or separation between them, and to meet all their requirements.
According to the new amendments that occurred in the Saudi custody law in the past year, the mother has the right to custody of her children immediately after the divorce and without resorting to the judiciary unless there is an objection that violates the conditions of custody, such as if the father proves that the mother is not eligible for custody.
Nursery has been established for the mother in the legitimate judgments of Abdullah bin Amr, may Allah be pleased with them: "O Messenger of Allah, this is my belly, my belly has a bowl, and my stomach, and I have an Eve, and if his father divorced me, and wanted to take it From me: The Messenger of God, peace and blessings be upon him, said to her: You have more right to him, as long as you do not marry.ا
Unfortunately, the mother may be ignorant of some exceptional cases under which custody of the children is forfeited and transferred to the father. Therefore, in the office of lawyer Saud Al Talib for Legal Consultations, we seek to educate the right holder of his legal right through legal advice from the best law firm in Saudi Arabia.
The lawyer’s job does not end after the ruling is issued, but rather defends his client to the last possible opportunity. He may request an appeal order for the case or submit a list of objection to the ruling issued against his client if it is unfair in an attempt to change the ruling completely in light of this evidence and appropriate data.
In any case, if your consultations require a lawyer specialized in criminal law, you will be directed to the person whose vast experience and knowledge matches your legal case, contact our office directly to get the best lawyer in Riyadh and Saudi Arabia.
When does maternal custody fall in Saudi Arabia?
In common cases, the mother retains custody of her children, but there are cases where the mother threatens to move away from her children and forfeit the custody due to her.
Among the most notable are:
- The unbalanced medical condition of the mother, such as her having a mental or physical illness that prevents her from being able to care for children, and this is proven by a medical report submitted to the judge.
- Marriage of the mother to another man, especially if he is not a relative of the children, or if the husband refuses to embrace the mother’s children from her ex-husband.
- Depriving the father of his legitimate right to see his children three times in a row, then the father has the right to file a lawsuit against her, in which case the court sends her a warning and if the ban is repeated, the mother is deprived of custody.
- The mother’s perpetration of a moral suspicion affecting honor, provided that this is proven by a final court ruling.
- The mother’s perpetration of a moral suspicion affecting honor, provided that this is proven by a final court ruling.
- If the mother is not in the religion of the father and there are differences in her worship.
In the event that one of the aforementioned reasons exists, the custody of the children is transferred to one of the relatives according to the legal hierarchy starting from the father, then to the grandmother on the mother’s side, followed by the grandmother on the father’s side, then the aunt and then the aunt.
Custody cases and the final decision in them are not final. Rather, the judge takes into consideration the child’s interest above all else. Therefore, resorting to a judicial lawyer specialized in personal status issues may change the course of the decision, including in the interests of the children.
To obtain legal advice from the best lawyer in Saudi Arabia, you can contact the office of lawyer Saud Al-Talib for legal cases.