Question:
A woman asks: I am a non-Muslim and married to a non-Muslim man. I want to know the court requirements if I file a divorce lawsuit. In the event that I obtain a divorce and have custody of my children, will I lose the custody if I marry another man? Please advise.
Answer:
To answer such question, I would advise the questioner that:
Regarding divorce, Articles 7 & 8 of the Federal Decree Law No. 41 of 2022, concerning Civil Personal Status Law, mentions that the wife and husband are equal in rights and duties, and either of them has the right to request separation by court order without prejudice to their rights related to divorce.
It is sufficient for one of the spouses to express before the court his/her desire to separate and not continue the marital relationship, without the need to justify that request or blame the other party or prove his / her fault.
Regarding custody, the mother and father, as per Article 10 of the mentioned law, have equal right to joint custody of the child until he/she reaches the age of (18), after which the child has the right to choose his custodian.
After divorce, both parents bear joint responsibility for the child’s raising and growth, providing that the child’s best interest shall be their primary concern.
Either the mother or the father may object to the joint custody ruling if justifications are available.
However, either of them may request a waiver of the right to joint custody, whether legal custody or physical custody or both.
The court shall decide on the request to remove either the father or mother and forfeit their right to custody, whether temporarily or permanently in case of the other party’s remarriage.
Moreover, in the event that the father and mother do not agree on any decision related to the child after the divorce has taken place, either of them has the right to submit a request for court intervention to resolve the disputed question.
The court shall expeditiously decide on the request for intervention to settle the disputed joint custody matter and shall take what it deems appropriate in the best interests of the child.
