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The first thought that comes to the mind of the mother and father when they think about separation which would actually makes a lot of couples reconsider the whole idea of  separation is fear of not seeing their children again.

This fear comes from ignorance of the law and ignorance of the right of each party to the relationship with regard to the custody of children.

In this article, we will try to explain in a simple way how the law organizes the custody of the children between the father and the mother, if not organized amicably.

First thing we will discuss is the custody?

The custody is the commitment towards a child to raise him, take care and reform him until a certain age.

In other words, custody is the presence with the child, his upbringing, and taking care of him until a certain age.

The basis of custody is the amicable agreement between the father and the mother out of courts as this would be the most appropriate for the children psychologically. However in case of non-agreement on a specific method of custody of the children, the law then regulates who has the right to custody of the children.

Article (20/5 till the end) of Law No. 25 for the year 1929 as amended by Law 100 for the year 1985 and Law No. 4 for the year 2005 provides for that: “The right to custody lies with the mother and then forbidden female relatives for marriage where the mother’s female relatives shall be favored to those of the father in the following sequence: the mother, the mother’s mother and if ill then the father’s mother and if ill then the sisters then the mother’s sisters then the father’s sisters then the sister’s daughter then the mother’s niece then the aunts in the mentioned order of sisters then then the father’s niece then the brother’s daughter in the mentioned order then the mother’s aunts on her mother’s side in the mentioned order then the father’s aunts in the mentioned order then the mother’s aunts on her father’s side and then the father’s aunts on his father’s side in the mentioned order …if none of these women can hold custody or none of them is fit to hold custody then then right to custody transfer to the males according to their order in entitlement to inheritance bearing in mind that the grandfather shall be preferred over the brother … if none of the aforementioned can hold custody, the right to custody shall be transferred to the forbidden male relatives for marriage in the following order: the grandfather on the mother’s side then the nephew of the mother then the uncle on the father’s side then the uncle on the mother’s side then the brother then the uncle on the father’s side then the uncle on the mother’s side”.

What does this mean?

Meaning that the sequence of the custody is:

The mother

The Grandmother (on the mother’s side)

The Grandmother (on the father’s side)

The Sisters

Children remain with the mother if she does not re-marry after the father however in case the mother remarries, the custody of the children goes to the mother’s mother or the grandmother on the mother’s side. If the grandmother is not alive or incapable of holding custody for an illness or otherwise, the children’s custody goes to the older sisters, if old enough to hold custody then the aunts, the mother’s sisters first then the father’s sisters and then to the father as children under the age of 15 years remains with women for the best interest of the children.

Then what are the exceptions to the rule?

Of course, if it became evident to the judge that the children’s best interest lies with the father, which is extremely rare, for physical, psychological or moral harm to the children with the mother and there is no one else to hold custody but the father.

So till what age do the children remain in the custody of their mother or do they stay in her custody for good?

Article (20/1) of Law No. 25 for the year 1929 as amended by Law 100 for the year 1985 and Law No. 4 for the year 2005 provides for that: “The right to custody of women ends when the child reaches the age of fifteen when the judges gives the child the choice to stay with the mother without the custody fee until the child (boy) reaches puberty or marries (girl).”

This means the right of the mother or anyone who holds custody expires when the boy and the girl reaches 15 years. When they do, the judge gives them the choice of who to stay with. For a boy it is mandatory until he reaches the age of 21 and for a girl, it is mandatory until she marries.

Conclusion….

The children will stay with their mother until she remarries but they will stay with her in general until they reach 15 years of age and then choose who to stay with until they reach 21 years of age for boys and until they marry for girls.


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