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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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Hello, what is the custody law in Qatar for Qatari...

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Hello, what is the custody law in Qatar for Qatari children? Mother is not Qatari but from GCC?

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The case of custody of children after divorce depends on their age, as custody of children after divorce is given for the mother until a specified age, and after such age, then you can take them after taking their opinion, so that the custody age for the male child is until he reaches 13 years and for the female child until she reaches the age of 15, and if the custody is lost from the mother, it is transferred to the father.
Article 166
Custody is one of the parents’ duties as long as the marriage exists between them. If they separate from each other, even without a divorce, the mother is the first to have custody of her young child, unless the judge decides otherwise in the interest of the child.
The judge shall seek to reconcile the two partners, provided that this reconciliation does not conflict with the interests of the child in custody.
Custody right is renewable, and if it is forfeited due to an impediment, or a ruling to cancel it, and the impediment or reason for the abolition is removed, the right of custody is regained once again.
Custody is a common right between the custodian and the young child, and the right of the young child is always stronger.
Article 173
Custody of women ends when the male child completes thirteen years of age and the female child completes fifteen years unless the court decides otherwise after investigating the interests of the child in custody and authorizes the continuation of the custody of the male until the completion of fifteen years, and the female ready to get married, or the choice of the child under custody after verifying the validity of the disputants, and in all cases, the reasons were adopted in its decision must be stated.
As an exception to the provisions of the preceding paragraph, the custody of women may continue if the child under custody is mentally ill or debilitating.
It is not permissible for the guardian or the aggressor to join the child in custody, at the end of the period of custody of women, except by consent or judgment.
If there is no court ruling for custody, and the guardian or the custodian of the child who is still in the age of custody of women forcibly joins him, the judge may, at the request of those who have the right of custody, return the child to her temporarily, with or without personal bail, and direct the guardian or ancestor to file a custody case before the trial court.
Article 169
The right to custody is established according to the following order:
The mother, then the father, then the mothers of the father, the closest then the closest, then the mothers of the mother, the closest then the closest, then the paternal grandfather and the highest, then his mothers, the closest then the closest, then the sister, then the sister to the mother, then the sister to the father, then the aunts, the closest then the closest, then Aunts, next closest, then paternal aunts, next closest, then paternal aunts, then brothers' daughters and sisters' daughters, then paternal uncles and aunts' daughters, then paternal aunts' daughters.
And if it is not possible to have those who are eligible for custody from among those mentioned in the previous paragraph, the right of custody is transferred to the kinship groups, according to their arrangement in entitlement to inheritance, and if it is not possible to find one of them who is entitled to custody, it is transferred to a person with a forbidden kinship, from the relatives of the child, the closest and the closest.
If it is not possible to have a custodian from one of the mahrams of the child in custody or is married to his mahram, the court has the choice between joining the custodian to the person entitled to a person other than his gender, or to a trusted and trusted woman.
If those who are entitled to custody are equal in one degree, the best of them are given to the nursery, then the most pious of them. If the deserving are equal in authority and piety, the oldest of them is presented.
The judge may transfer the right of custody from the nearest recipient to the more distant recipient when they dispute with a statement of the reasons if this is in the interest of the child.
 
 

الرد من العميل

If the mother is unemployed will she still gain custody of the child?

الرد من العميل

And how long does the whole divorce process usually take?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that The duration of the litigation is a matter of the court and we can't know the duration accurately because each case has its own data.
As for custody, it belongs to the mother, unless the court decides otherwise

الرد من العميل

What reasons could the court decide otherwise? And after divorce can the child live outside Qatar with his mother?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Custody can be revoked from the mother in the following cases:
1) Having a mental illness.
2) That the mother is not an adult
3) That the mother is not honest.
4) If the mother is unable to raise, maintain and care for the child.
5) If the mother is in serious infectious disease.
6) That the mother had previously been convicted of one of the crimes committed against honor.
7) If the mother is married
8) If the mother's religion is different from the son's religion
If the mother is a foreigner, she can take the child to live in her country, and if the father objects to that, a court ruling must be obtained. In all cases, the mother may travel with the child for a reasonable reason to any destination, if the travel does not cause harm to the child, if the guardian prevents her from traveling, it is permissible The judge may enable her to travel if it appears to him that the person who has the right to permission has abused this right.
If the custodian is a foreigner and her travel is accidental, other than residency, to her home country, the judge may request a guarantor to bring the child to guarantee her return with the child in custody.
The father or grandfather, even if he is higher, may travel with the male child who is seven years old for a reasonable period.
It is not permissible for anyone other than the father or grandfather from among the guardians and the kin to travel with the child during the custody period except with the permission of the incubator, and the judge may authorize the travel if he sees a justification for that.
If the guardian of the child in custody fears that the foreign custodian with the child will not return from her travels, stating reasonable reasons for this, the court may prevent her from traveling with the child, whenever the validity of those reasons is likely to her.
The decision to allow the child to travel shall not be in effect, except after the passing of a period of three days from the date of its issuance without appeal, or after his appeal and endorsement by the Court of Appeal.
 

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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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