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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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I'm divorcing my husband and want a full custody ...

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I'm divorcing my husband and want a full custody for the kids
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Palestine
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

We would like to inform you that The Palestinian Personal Status Law has confirmed that the young child remains in the custody of his mother until the age of seven for the male, and for the female until the age of nine, provided that the period is extended for two additional years according to the provisions of Article (391) in the Personal Status Law, so that custody becomes for the male until the age of nine, and for the female until the age of eleven. Also, in order for the wife to ask for a divorce, there shall be a reason that allows her to ask for a divorce, such as:
-Divorce because of the detriment.
-Divorce for not spending upon her.
If you want a divorce and request custody of the children, you may file a lawsuit in order to request a divorce and get custody of the children.
Here are the texts of the Palestinian Family Law related to your inquiry:
Article (92)
If the husband refrains from spending on his wife, and if he has apparent money, the judgment shall be executed against him for alimony from his money. If he had no apparent money and was well-off and insisted on not spending, the judge divorced him immediately.
 
Article (97)
If the wife alleges that the husband has harmed her in such a way that it is not possible for him to maintain a relationship with her, she may ask the judge to separate, and then the judge will divorce her with an irrevocable divorce if the harm is proven and he is unable to reconcile between them. If the request was rejected, then the complaint was repeated and the damage was not proven, the judge sends two arbitrators and rules in the manner indicated in Articles (98, 99, 100, 101, 102).
 
Article (98)
It is stipulated that the two arbitrators that they are only men from the family of the spouses, if possible.
 
Article (99)
The two arbitrators must know the causes of discord between the spouses and make every effort to reform, if possible, according to the method of their decision.
 
Article (100)
If the two judges are unable to reconcile and the abuse is from the husband or one of the spouses or ignorance of the situation, they decide to separate with an irrevocable divorce, and if the abuse is from the wife, they decide to give her a penalty to take the full dowry or part of it from her.
 
Article (101)
If the two arbitrators differ, the judge orders them to re-examine, and if the dispute persists between them, another judgment shall be ruled.
 
Article (102)
The two judgments shall submit to the judge what they decide, and the judge shall rule accordingly if it is in accordance with the legal principles.
 

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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