When does a mother’s right to custody lapse?

When does a mother’s right to custody lapse?

According to the Saudi Personal Status Law, the mother’s (or any other custodian’s) right to custody is forfeited in specific cases stipulated by the law to protect the interests of the child in custody (the child).

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.

Based on Article 128, the right to custody is forfeited in the following cases:

First: If the mother marries a man who is a stranger to the child

 If the custodian is a woman, it is required that she be unmarried with a man who is a foreigner to the person in custody. If the mother marries a man who is not the child’s mahram, her right to custody is forfeited, unless the court deems that the interest of the child in custody requires otherwise and that he remains with her.

Second: The mother moving to reside in a place that harms the interests of the child in custody 

If the mother (custodian) moves to a place with the intention of residing there, and this move misses the interest of the child in custody or harms him, such as negatively affecting his education, treatment, or communication with his father in a way that harms the child.

When does a mother’s right to custody lapse?

Third: Silence about the claim to custody 

If the mother remains silent about claiming her right to custody for a period exceeding (a full year) without an acceptable excuse, her right to claim it shall be forfeited, unless the court deems that the interest of the child in custody requires otherwise.

Fourth: Loss of one of the basic conditions for custody

 The right of custody shall be forfeited if the mother loses any of the basic conditions that must be met by the custodian stipulated in Article 125, which are:

1. Loss of capacity: such as suffering from a mental illness that causes loss of discrimination.
2. Inability to raise and care for the child: the inability to raise, protect, care for the child in custody, and carry out his interests.
3. Infection with serious infectious diseases: which poses a risk to the health of the child in custody.

Important note: Article 130 stipulates that anyone whose right to custody has been forfeited (such as a mother who married and then divorced her new husband, or whose health condition has disappeared) may submit a request for custody again to the court if the reason for her loss has disappeared. In all cases, the court’s primary criterion in custody cases remains the interest of the person in custody.

When does a mother’s right to custody lapse?

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References

• Article One Hundred and Twenty-Eight of the Personal Status Law and its Regulations
• Article One Hundred and Twenty-Six of the Personal Status Law and its regulations
• Article One Hundred and Twenty-Five of the Personal Status Law and its Regulations
• Article One Hundred and Thirty of the Personal Status Law and its regulations