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When does custody of the mother transfer to the father under Egyptian law?

When does custody of the mother transfer to the father under Egyptian law?


The loss of custody of the mother in Egyptian law is one of the controversial issues on the Egyptian street, where opinions on this subject differ greatly, and controversy abounds in the event of marriage with a foreigner for her young, as many believe that the mother has the right to remarry and take care of her little ones at the same time Without neglecting their rights and being more compassionate to them than anyone else, while the other side sees that raising young children in the presence of a “mother” the husband “is detrimental to the young person and demands to relinquish custody and transfer it to the father who has the most right to custody of his children in this case. Mother’s custody.

Maternal loss of custody

The cub remains in the care of his mother until he reaches puberty Fifteen And then he has a choice if he wishes to continue to keep custody of his mother without childcare costs until the man reaches the age of majority and the girl marries according to the text of the item No. 20 To the law 4 for one year 2005 AD,

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But if any of the following is present with the foster mother, then the father or whoever follows the mother into custody has the right to sue for abandonment of custody of that mother.

The first case: the marriage of the foster mother with a foreign person

When the custodial mother marries a stranger to the children, the husband or whoever follows the mother through custody has the right to take legal action to relinquish custody of that mother, and the decision in this case is at the discretion of the court. who in most cases makes a decision denying him custody, but in some cases when the court finds the extent of the young person’s need for his mother and the mother’s husband’s desire to kiss the child and to show interest in him, and in exchange for the father’s lack of kindness and marriage, the judge rules on the maintenance of the mother’s custody, for fear of the harm that may be caused to the child as a result of of his estrangement from his mother, and of the harm that may be caused. mother-in-law’s young may be many times what he could be exposed to from the mother’s husband due to the mother’s constant presence with the child, unlike the father’s absence to go to work and leave the little one with his wife.

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The second case: the final final decision for a dishonorable crime against a foster mother

If the custodial mother is charged with a moral crime and a final final decision is made against her, then the husband or whoever follows the mother in the custody arrangement has the right to sue for abandonment of the custody. custody against him, but if the decision against it is not final and the case of abandonment of custody is still pending before the family court, the latter ceases the examination, in the case pending the verification of the dishonorable lawsuit brought against him.

The third case: the fact of not taking care of the foster mother and neglecting her

In this case, a case of abandonment of custody is filed against the foster mother who neglected her young, whether in terms of health or education, and the extent of the negligence is assessed by the court. , but if the husband or whoever follows the mother into custody is able to prove the harm caused to the young person as a result of this negligence, such as his failure in his studies. For example, the court decides to revoke the custody of this mother.

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The fourth case: the foster mother refrains from implementing visual judgment three times in a row

If the father has taken legal action against the sight of a teenager and the court ruled in his favor seeing the child once a week for three hours in any public place agreed between them and not doing any harm to young people, and the foster mother refuses to apply this decision three times in a row, then the father has the right to take legal action against her and the judge will rule in her favor With the temporary loss of custody of mother, the judge’s term of office is estimated and the young person during this period passes to whoever follows the mother in custody.

Fifth case: infection of the foster mother with a disease that prevents her from taking care of the young

If it is proven to the court seized of the case of abandonment of custody by the medical reports submitted to it and by the legal debate of the guardian mother that she is physically or psychologically ill, an illness which prevents us from perform her duties as guardian, the court will issue a decision prohibiting her from keeping custody and will transfer her to the next woman in the custody.

When is custody transferred to the father under Egyptian law?

The father obtains custody of the children in the event that the one who precedes him in the organization of the custody loses his right of custody, as he obtains in the case of the marriage of the custodial mother and the absence of the grandparent. -mother with the mother or the grandmother of the father, in this case the custody is transferred from the mother to the father (knowing that the estimate of the transfer of custody from the mother to the father, because of her marriage, its assessment is left to the judge, as we have already explained.)

Read also: Organizing child custody after divorce under Egyptian law

And after learning about the loss of custody of the mother in Egyptian law and the cases of transfer of custody to the father, we want every father and mother to wait before going through the separation stage, fearing harm for their children. that they will undergo as a result of this step, and if it is necessary, then care should be taken to complete Separation is civilized, taking into account the interests of young people and their psyche.

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