Father’s Custody Lawsuit in Saudi Arabia

A father’s custody lawsuit in Saudi Arabia is initiated by the father when the mother’s custody is forfeited. This lawsuit follows specific procedures defined by the Saudi legal system. Child custody is often a contentious issue between divorced parents, typically resulting in custody being awarded to the mother. However, there are certain legal circumstances under which the father may be granted custody. It is essential to consult with an experienced personal status lawyer in such cases to navigate the complexities of the law.

Father’s Custody Lawsuit in Saudi Arabia

In Saudi Arabia, a custody lawsuit is filed by either the father or the mother to gain custody of the child. The decision in a father’s custody lawsuit is made by the judge based on two main factors: the child’s preference and their best interests. If the best interest of the child is equally met by both parents, the child is given the freedom to choose whom they wish to live with.

Recently, divorce rates have increased, leading to a rise in child custody lawsuits, which are critical due to the inability of the parents to reach an agreement on who will take care of the child post-divorce.

Cases Where the Mother Loses Custody and the Father Can File for Custody

Several circumstances allow a father to file for custody in Saudi Arabia, such as:

• If the mother is unable to meet the basic needs of the child, such as providing shelter, food, cleanliness, and clothing.
• If the mother suffers from physical or mental illnesses that prevent her from properly caring for the child.
• If the mother remarries, Saudi law grants the father the right to claim custody of the children, regardless of their gender.
• If the mother denies the father his visitation rights three consecutive times.

On the other hand, a father may also lose custody if he causes harm to the child due to mistreatment or if he suffers from mental or physical illnesses that prevent him from properly caring for the child. Additionally, if the father is unable to meet the child’s basic needs, such as providing food, shelter, clothing, and cleanliness, he may lose custody.

Procedures for Filing a Custody Lawsuit in Saudi Arabia

Both the father and the mother can file a custody lawsuit at the Personal Status Court. It is highly recommended to hire an experienced personal status lawyer, as they are well-versed in the legal procedures, documentation, and evidence collection required for such cases. The lawyer will also fill out the lawsuit form.

Additionally, the custody lawsuit can be filed electronically through the Najiz online platform by following these steps:

1. Visit the official website of the Saudi Ministry of Justice.
2. Choose “Electronic Services.”
3. Click on “E-Lawsuit Submission.”
4. Enter your username and password.
5. Enter the captcha code.
6. Agree to the displayed terms.
7. Select “Custody Lawsuit” from the lawsuit classification options.
8. Choose the type of lawsuit.
9. Fill out the necessary details and the nature of the request.
10. Attach the required documents.
11. Provide information about the plaintiff and the defendant.
12. Complete the contact information, such as phone number and email.
13. Add the legal grounds and evidence.
14. Submit the request.

Once the request is submitted electronically, the case will be reviewed in court like any other lawsuit.

Child’s Right to Choose Custody in Saudi Arabia

Under Saudi personal status law, children over the age of 15, regardless of gender, are given the right to choose where they wish to live if it does not conflict with their best interests. However, if the child is under 15, they do not have the right to choose between parents. In this case, the child typically stays with the mother, provided she can meet the necessary conditions to care for the child. If not, custody may be transferred to the father or another party deemed suitable by the court.

When Can a Father File for Custody?

A father can file for custody when the mother’s custody is forfeited. This happens if she remarries, suffers from a serious illness that prevents her from caring for the children, fails to meet their basic needs (food, shelter, clothing, cleanliness), or denies the father his visitation rights three consecutive times.

Conclusion

Child custody lawsuits are among the most sensitive and complex cases within personal status law in Saudi Arabia and globally. These cases require the expertise of a specialized lawyer to ensure the best possible outcome for both the parents and the child.

You can seek the help of a lawyer from Rahn Law Firm, which has a team of highly qualified and experienced attorneys specializing in custody and personal status cases. They are well-versed in Saudi custody laws and can provide legal advice, present strong arguments, and gather evidence to support your case. Rahn’s lawyers work with integrity to achieve the best results for their clients while ensuring the welfare of the children involved.