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Can the son decide on whom to stay with if the father claims custody?

Hello,

I have a question.

My brother turned fourteen and he is with my mother and he does not need anything and he is getting 100% in his school.

So now my father wants him back, will he get asked with whom he wanna stay or he will be forced to transfer to my father's house?

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Mohamed Bakheet Advocates & Legal Consultants
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28 Sep 2022, 18:23

Now the custody is for the mother.

28 Sep 2022, 19:08

But they called my mother from the court and told her my father is asking for his son to be with him now.

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Khalifa Bin Huwaidan Advocates & Legal Consultants
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29 Sep 2022, 07:15

Hello,

Thank you for the message request.

Can you please inform us what is the nationality of your father, mother, and brother first?

29 Sep 2022, 07:18

Generally, the mother is the custodian following a divorce. Meaning that the child will live with her whilst the father may support their day-to-day needs.

However, after the age of 11 for the son, the father may claim custody since he is the guardian.

In a fight against custody, the court has the discretion to make orders that are in the child’s best interests.

29 Sep 2022, 07:26

All of us hold Syrian nationality.

29 Sep 2022, 08:10

Okay, our information stays the same as our above message.

In case of Court procedure in regards to custody, the judge/court will have the discretion to make an order in the best interest of the child.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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24 Oct 2022, 04:12

Hello,

Yes, he can refuse to go, he can choose.

Laila Hamza Al Mulla Advocates and Legal Consultants
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27 Oct 2022, 06:18

Welcome.

Yes, if you reach the age of 14, you can move to live with your father.

27 Oct 2022, 06:19

But it is necessary to make sure that the custody of the mother is transferred to the father.

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