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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

My wife took my daughter she is 2 months, she...

تم تقييم هذه الإجابة:
My wife took my daughter she is 2 months, she wants divorce if she goes to court what should i do to win my daughter custody cause i need her and my family willing to be with her
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Sultanate of oman
Lawyer's Assistant: Has anything been filed or reported?
Not yet till now but was planning on reporting that she run away with my daughter
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
My family and her family talked to her to come back and me my self but no response till now it has been two weeks havent seen my daughter

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,                             

Thanks for joining and trusting us, much appreciated!

We would like to inform you that custody is for the mother till the custodian is 17 years, and the girl till she become an adult, unless the judge states other than according to the custodian interest. If you want to transfer the custody to you, you have to provide reasons to take it from the mother such as illness or unable to take care of her child or she got married. For your right to see your daughter, you can file a lawsuit to get legal judgment to see your daughter.

According to the Omani Personal Status Law,

Article 125:

Custody to save the child, raising him, and caring for him in a way that does not contradict the right of the guardian in the state to the self.

Article 126:

The Custodial is required:

1- sane .

2 - Puberty.

3. Secretariat.

4. Ability to raise, maintain and care for the child.

5. Safety from serious infectious diseases.

 

Article 127:

The Custodial is required to increase the conditions mentioned in the previous article:

·         If a woman:

To be free of a foreign husband from the child who entered it, unless the court otherwise decides in favor of the child.

·          If a man:

1 - To have a fit for custody of women.

2 - To be a Muharram for the children if he was a female.

Article 128:

 If the Custodial is not in the religion of the father of the child, her custody shall be terminated by the completion of the seventh year of the child unless the judge decides otherwise in favor of the child.

Article 129:

Custody shall continue until the seventh-year-old is completed and the custody of the girl shall continue until puberty unless the judge decides otherwise in favor of the child.

Article 130:

 Custody of the duties of the parents together as long as the marital list between them, the separation is for the mother, then the father, and then the mother of the mother, and then to the relatives of the child in the following order: aunt, then grandmother to his father and that, then his sister and then aunt of his mother, Then his aunt, then his father's aunt, then his father's aunt, then his brother's daughter, then his sister's daughter, and presented to everyone brother, then to mother, then to a father unless the judge decides otherwise in favor of the child.

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إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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