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Organize child custody after divorce under Egyptian law

Organize child custody after divorce under Egyptian law


Child custody after divorce under Egyptian law has a specific arrangement which depends on the need of the young person at that age for those who are qualified to care for and raise him properly, and the mother is in the first place for the need of the child. young because she has no more right to care for and kiss him, and before dealing with the custody arrangement, we must first know what is really planned Custody and the conditions that must be met by the foster mother.

What do we mean by custody

It is the right of the little one to be next to his mother to take care of him and to take care of him at this young age as long as he does not violate the conditions of custody, and this right ends when the child reaches puberty. Fifteen Whether it is a man or a woman.

At this age, the judge will give her the choice between staying with her mother or moving to her father, and custody is a mother’s right, but it is decided in the interest of the young person and is not allowed. give it up, as many husbands pressure their wives to give up custody rights in return for satisfying their desire for divorce or for settling differences between them or for any other reason that concerns them. If one of the wives consents and makes a declaration of her cession of custody of her children, this waiver is invalid and she has the right to claim custody of the children after the divorce at any time.

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Conditions of custody

  • Be an adult mother.
  • To be safe with the little ones.
  • Not having a final final judgment pronounced against her in a dishonorable case.
  • To be able to take care of young people and not be infected with a disease that prevents them from taking care of them.
  • Don’t marry a stranger.
  • Do not convert to Islam (if the mother abandons Islam, her custody rights are lost, but in the event that the woman is not a Muslim in the first place, the children remain with her until the children reach the age of reason, which is estimated in Egyptian law at seven years, the children then pass to their father).

Loss of mother’s right to custody after divorce

The law specifies the period during which the father or whoever follows the mother in the organization of the care of young children has the right to lodge a complaint for abandonment of the custody of the mother, which is six months.

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It should be noted that in the event that the nursery falls from the mother due to her illness and her inability to take care of her young and the transfer of custody to the next, the mother can continue in the same residence as the new babysitter and continue to be with her youngster because the reason which led to the loss of custody is not detrimental to the young people and does not affect them, on the contrary. The case, if custody has been relinquished to her due to a verdict against her in a crime involving dishonor, then the children cannot continue with her in the same residence for fear of them.

Custody conditions in general

There should be certain conditions with the guardian, and the absence of one of them revokes the guardian’s right to custody of the child. Which:

  • Let the guardian be a Muslim.
  • Be a reasonable adult.
  • Not to have contagious diseases.
  • Be of good behavior and honest with young people.
  • Be physically able to care for a young person.

These conditions are common between women and men who are foster children, but another condition for them in the case of women is that the caretaker must not be married to a stranger.

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Organization of child custody under Egyptian law

Egyptian law has organized the custody of children after divorce according to the interests and needs of the minor, and custody provisions are entered into the text of the article. 20 For Law No. 25 for one year 1929 In which he entered:

“The right of custody is established for the mother then for female incest, before the one who throws the mother on the one who throws the father, and it is considered that the two sides are the closest to the two sides in the following order: the mother and the mother of the mother, even if she is brought up, then the mother of the mother and if she is superior, then the sisters are the sisters, the sisters are the mother. Sister sister, sister daughter of father, then brother daughter in the order mentioned, the aunts of the mother are in the order mentioned, the aunts of the father are in the order mentioned, therefore the aunts of the mother are in the order mentioned, so the father’s aunts are in the order mentioned.

If there is no female incubator for these women or if they are not eligible for custody or if the custody period of women has expired, custody rights are transferred to male gangs according to the order of right to inheritance, taking into account the introduction of the good grandfather on the brothers, and if there is none, the right to custody is for young men who are not gangs in the following order: grandfather to mother, then brother to mother, then son from brother to mother, then uncle, then maternal uncle, then brother, so a maternal uncle is a father, a maternal uncle.

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This was an arrangement for the custody of the children in Egyptian law, but the best arrangement in the best interests of the child is that they stay with their parents, so it is necessary to wait before the separation because the child alone pays the price.

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