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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hi ,is there any chance that father can get the...

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Hi ,is there any chance that father can get the custody of her 2 years old daughter ?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Personal Status Law, below articles state:
Article 142
Fostering is to safekeeping the child, educate and ward him in a manner that does not contradict the tutor’s right of tutelage over the person of the child.
Article 143
The fosterer must satisfy the following conditions:
1) Sound judgment;
2) Having attained the age of maturity;
3) Fidelity;
4) Ability to raise the fostered child and provide for his maintenance and care;
5) Safety from dangerous contagious diseases; and
6) Not previously condemned for a crime against honour.
Article 144
In addition to the conditions mentioned in the above Article, the fosterer must:
1) If a woman:
a) Be not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child.
b) Be of the same religion as the fostered child, with due compliance with Article (145) of this Law.
2) If a man:
a) He must have around him a woman able to be a fosterer.
b) Be related to the fostered girl with such close kinship prohibiting him to marry her.
c) Be of the same religion as the fostered child.
Article 145
Should the fosterer be a mother of a different religion than that of the fostered child, her fosterage shall be forfeited unless the judge deems otherwise in the interest of the fostered child provided the period of fosterage ends upon his completing the age of five whether the child is a boy or a girl.
Article 146
Fosterage of the child is a right to the mother, then to the females, within the prohibited degrees of kinship, giving preference to those from the mother’s side over these from the father’s side taking into consideration the closest degree from both sides, with the exception of the father, and the judge shall in his decision consider the interest of the fostered child. In deciding who is the fosterer, the following order shall be observed:
a) The mother. b) The father. c) The grandmother, from the mother’s side, and upwards. d) The grandmother, from the father’s side and upwards.
e) The sisters, giving preference to the full sister, then to the stepsister from the mother’s side, then the stepsister from the father’s side.
f) The daughter of the full sister. g) The daughter of the stepsister from the mother’s side. h) The aunts from the mother’s side, in the same order as the sisters.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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