Mother’s custody and marriage to another person
The direct answer is: No, a mother’s custody does not automatically drop once she marries someone else.
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
According to the Saudi Personal Status Law
The basic principle is that the custodian (mother) must not marry a man who is a foreigner to the child in custody, but the Saudi regulator has restricted this condition and excluded from it cases that conflict with the child’s interest.
Article (one hundred and twenty-six) of the system stipulates that: “If the custodian is a woman, she must not be married to a man who is a foreigner to the child in custody, unless the interest of the child in custody requires otherwise”.
Marriage of the mother to a man foreign to the child
Accordingly, the mother’s marriage to a man who is a foreigner to the child is considered a reason for requesting the cancellation of custody in accordance with Article (one hundred and twenty-eight), but the cancellation is not inevitable or automatic. When the other party (the father, for example) files a lawsuit demanding that the mother’s custody be revoked due to her marriage, the court has the discretion to consider the lawsuit and rule that custody remains with the mother despite her marriage if it becomes clear to the judge that the child’s interest (which is the most important criterion in custody cases) requires him to remain with his mother.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article One Hundred and Twenty-Six of the Personal Status Law and its regulations
- Article One Hundred and Twenty-Eight of the Personal Status Law and its Regulations
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