Getting custody of the children may be difficult for the father, despite the fact that the courts do favor mothers more than fathers in child custody disputes. The mother naturally has an advantage when it comes to the duty of caring for the children, so fathers who are asking for full custody, joint custody, or any other agreements regarding the child’s rights should be prepared for a difficult child custody battle to win over the father’s rights in the UAE.

In accordance with the UAE Personal Status Law of 2005, the courts may grant custody to either spouse provided it is in the “Best Interest of the Child.” If a father requests custody of his children, he must make a strong case to the judge for why they should be given custody rather than the other parent, keeping in mind what is best for the child.

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The UAE’s Child Custody Laws

Fathers in the UAE favour the position of Guardian above Custodian. The Guardians are thought to as a child’s safety net. Guardians are responsible for managing the child’s funds, as well as important decisions about the child’s upbringing and education.

The rights of the mother in the UAE should be understood by fathers:

By law, mothers are given precedence for the role of caretaker. Custodians have physical custody of the kid and are in charge of their everyday upbringing. Fathers can always file an objection with the court, claiming that the mother is unfit to be the child’s caretaker and that having her as a custodian will harm the child’s development.

What are the prerequisites for becoming a custodian:

According to Article No. 143 of the Personal Status Law, the following criteria must be met in order to qualify as a custodian:

  • having a healthy mental state
  • having attained legal age and been in a major
  • being trustworthy
  • being capable of raising the child
  • capable of protecting and caring for the youngster
  • protection from dangerous infectious diseases

Additionally, and perhaps most significantly, they had never been found guilty of a crime against honour.

When is a father eligible to ask for custody of his child:

Under UAE Law, there is no clear distinction between the positions of custodian and guardian because either parent—in this case, the father if he is awarded custody—can be given both responsibilities. Article 156 of the Personal Status Law states that mothers are frequently given custody of their kids until a certain age—11 for boys and 13 for girls—but only if it’s in the kid’s best interests.

The court may, however, give the child’s father or guardian custody in a number of circumstances. For instance:

If the kid is older than five years old, the judge may decide to withdraw the mother’s right to custody under Article 145 of the Law if she practises a different religion than the child.

Second, under Article 144, if the woman remarries a man who is not the child’s biological parent, the court may give the father custody of the child unless it is determined that the child’s best interests are served by the mother.

Sara Advocates and Legal Consultants provide you with the best custody lawyers having years of experience in family law. Our family lawyers would take a thorough understanding of your case you help you prove your stance in the court. Having a good lawyer on your case, drastically increase your chances of success in court. And our lawyers will make sure to turn the case in your favor.