Child Custody One of the most sensitive issues in divorce, especially of an international nature, is the issue of child custody. Where there is always conflict between the separated couple over the entitlement of each of them to custody of the minor child. A sensitive issue such as that may be vague to non-legal or foreigners, but with the informed legal assistance provided by AlZayat Law Firm, the fair application of the provisions of the law is guaranteed.
Many of the pioneers of family courts, husbands and wives, are under enormous pressure due to marital disputes and the difficulty of obtaining their rights, due to their lack of knowledge of the rules followed in family law matters, and here at Egypt first international Law Firm AlZayat law firm we give you the necessary legal answers to respond to them.
Child Custody Law No. 20 of 1929, amended by Law No. 100 of 1985, is the law regulating child custody in Egypt, where the law states that the right to custody of women ends when the minor child reaches the age of fifteen, and then the judge gives the boy or girl after reaching this age the choice to remain in the custody of the custodian mother without Custody support, until the minor child reaches the age of majority and until the minor girl gets married.
The law also added that the principle in the matter of custody belongs to women for their ability to raise children and their knowledge of what a child needs more than men, and accordingly, custody is a mother’s inherent right, and no one disputes it until the boy dispenses of women’s services. The law also stipulated that the custodian must be trustworthy of the child, and that the child would not be lost with her.
As for the custody of the mother after her marriage to a foreigner, it must be linked to the interests of the child in custody, because the interests of the father and mother are not considered except within the scope of the interests of the child in accordance with the objective authority of the judge.
If the mother is deceased, not eligible for custody, or she suffers from a reason that hinders her from supporting a child, the custody arrangement goes to the mother’s mother, then the father’s mother, then the mother’s sister, then the father’s sister, then the mother’s aunts, then the father’s mother, then the father’s grandmother, then the father.
Article 152 of the Personal Status Law also specifies cases in which the custodian’s right to custody is forfeited, with the following statement:
- Reasonability – maturity – honesty – ability to raise, and caring for the child, safety from serious infectious diseases – unless she/he has been convicted of a crime of honour
- If the custodian is a woman, she must not be married to a man other than the child’s father, and she must be of the same religion as the child. She must have the same religion as the child.
- The travel of the custodian of the child will be forfeiting the custody if the other party is unable to carry out his duties, so the legislator stipulated to drop the custody here that the move be with the intention of permanent residence, so there must be a justification and compelling reason for this move and settlement as is the case when the father’s work is transferred to another country or Another place, provided that the mother is guaranteed to facilitate her travel to that country to see the child in custody.
- If the person entitled to custody remains silent about his claim for a period of six months without an excuse
- If the new custodian lives with someone whose custody is forfeited for a reason other than physical disability
At AlZayat Law Firm, we can help you to reach the conclusion of a joint custody contract, which is through an agreement between the spouses before filing a custody lawsuit by writing a contract that regulates the terms and conditions of the custody process, such as visitation and expenses.
alzayat international law firm is one of the few major law firms with a sophisticated worldwide Private Clients practice. Our unparalleled global resources allow us to provide one-stop, comprehensive service to meet all of our clients’ needs, wherever in the world their assets or family members may be. They also make us uniquely qualified to handle complex, multijurisdictional disputes, that is why our clients have selected us to handle some of the largest cases in this field, Our specialist Wills, Trusts and Inheritance Disputes lawyers have extensive experience in dealing with disputes of this nature and are ranked in The Legal 500 , hg.org and Global Law Expert as best experts in this field.
Personal status law attorneys at AlZayat Law Firm can also assist you in filing a case for seeing in the event that the custodial party abused the right of custody and prevented the other spouse from visiting and seeing his child.
For any legal inquiries, please do not hesitate to contact us.