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family law

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June 23, 2016

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Can My Mother Claim Custody of My Son If She Is Living with Me?

Question: I am an Asian woman with a son who is younger than 11. His father, my former husband, is in jail and I am remarried. I know that in this case custody rights of my son would go to my mother. However, my mother lives with me in my house. How does this affect her right to claim custody of my son?

Answer: In the above circumstances, your mother's right to claim custody of your son will be seriously affected. Article 152 of UAE Federal Law No?28 of 2005, the Personal Status Law, states that your mother in this case would not have the legal capacity to claim custody of your son, purely because she is living with you. Under these circumstances, the right to claim custody of your son would pass to the mother of your former husband.

Question: I am a non-Muslim resident of the UAE who is here with my wife, and we have no children. I recently found another job in another country that I like but my wife does not want to move with me. I also do not want to divorce her. Do I still need to provide for her financially, even if she does not want to move and live with me?

Answer: As per Article 71 of the UAE Federal Law No. 28 of 2005, your wife has no right to claim financial support from you if she refuses to travel and live with you in the same house. Nevertheless, bear in mind that the husband is obligated to provide her with accommodation that is suitable to her standard of living and social status.

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