Answered by Dr. Hassan Elhais Question:
My 2 years old daughter and nanny have been living with me full-time for 5 months and counting. Her mother and I are separated and she is living separately from us. I want to file for divorce and custody. Would it he possible for me to get custody taking into account our current situation?
Answer:
With regard to the custody of children, it is difficult to evaluate this at this stage. In general, mother of children gets custody rights till boy child turns 11 and girl child turns 13.
Nevertheless, there are instances when the father gets custody rights of children before they reach the custody age of 11 or 13. The Court will exercise its discretionary powers to make such decisions after taking into consideration the best interests of the child.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE.
To know more information about this law, please feel free to click this link
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