Joint custody is defined as a legal arrangement to facilitate the father and the mother of a child. It is the concept under which the divorced or separated parents mutually share the responsibilities and rights of their children. They share all the related rights, responsibilities and obligations for the better upbringing of their children. Joint custody is governed by specific rules, regulations and laws in the Emirates. Personal Status Law UAE manages it. Personal status Advocates are known as Family Lawyers. The brilliant family lawyers in UAE can be found in DUBAI. They are called as Family Lawyers in Dubai.
Muslim Parents and Joint Custody in the UAE
For Muslim parents, Federal Law on Personal Status 2005 is more prevalent, relevant, and applicable. The law and the legislation provide detailed guidelines about the respectful sharing of responsibilities for Muslim parents. More interestingly, the law does not explicitly specify any defined percentage for Joint Custody. Instead, it comprehends the division considering crucial factors and exercising a balance. The law still maintains fairness and is understood to entail an equal division. The balance is maintained both in terms of physical and legal custody. In most cases, this is often referred to as a 50/50 split. The court in the UAE upholds the authority to adjust the custody arrangement according to the law. Moreover, the courts may make certain changes that are deemed important. Therefore, the much-needed modifications are made to serve the best interests of children.
Non-Muslim Parents and Joint Custody
To facilitate the Non-Muslim parents in the UAE the government has been very active. They have made efforts and liberated the laws to facilitate the non-Muslim people living in the UAE. Joint Custody for non-Muslim parents is governed by the Federal Decree-Law on Civil Personal Status. It was introduced in 2022. The recent development is established to create a balance and equality in responsibilities.
Nevertheless, the law states that both parents have equal rights in the legal arrangement. There is an age limit attached to joint custody. After the age of 18, the child reaches the point where he can exercise the freedom to choose anyone. The law further emphasizes upon joint custody as a shared and equal right of both parents once the divorce is finalized. The law undermines the significance of both parents.
Furthermore, it also encourages both of them to actively participate in upbringing and raising their children. The basic aim is to prevent one parent from dominating the child’s upbringing. Nonetheless, the fundamental principle of joint custody remains constant and indifferent under both laws. The law allows both parents to share equal rights and responsibilities under normal scenarios. Certain scenarios may lead to the exclusion of one parent from joint custody. For instance, if any of the parents is found unfit to fulfill his or her custodial duties, then the court may give a different verdict.
Significance of Professional Family Lawyers in Joint Custody Cases:
Family attorneys play a critical role in joint custody cases. The family law of UAE is rather complex and seeking guidance from a professional and knowledgeable lawyer is pertinent. Family Lawyers in UAE have the potential to guide parents through the legal complexities surrounding family law in the UAE. Besides, they make sure the rights remain intact and they take the course that best suits the situation.
Well-spoken and Well-informed families can provide valuable professional services to their clients. They offer assistance in several key areas including legal counseling, legal representation, and so forth. Qualified Family lawyers in the UAE are capable of providing legal expert advice on the implications of joint custody. They can assist the parents to understand their rights and responsibilities.
Additionally, they prepare the Documents that are required in joint custody cases. The preparation of papers is a challenging task to accomplish. They prepare all the necessary legal documents and associated papers required under the joint custody cases, in the UAE. Furthermore, they also make sure that all paperwork is clear, accurate, concise, and complete. Lawyers in UAE have the potential to provide invaluable negotiation and mediation to clients. In joint custody cases where parents disagree on custody arrangements, they can facilitate negotiations.
Additionally, the lawyers also offer mediation services to reach a reasonable resolution that aligns with the best interests of a child. Court Representation is a daunting task. In case parties are unable to reach a common ground through negotiation or mediation, lawyers can represent their clients in court proceedings.
For this, they will be making all the necessary preparations for a legal battle. They will represent their case in front of judges and juries. Besides, they will advocate for the desired custody arrangement in a dignified way. Any modification Requests can be made via lawyers. The lawyers will assist in filling the requests for alterations that are needed.
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