Questions & Answers
Should I raise a case for child custody if my ex-wife is alcoholic and left us alone?
A police complaint was filed for physical assault and alcohol abuse. The wife left home without the child and later was interviewed by social support.
The wife was guilty after admitting the truth and gave a written statement to visit a psychiatrist and take therapy. She didn't adhere to the agreement.
Followed by a court case, divorce was granted to the husband based on infidelity, neglect, alcohol abuse, failure in maternal duties, verbal abuse, and misuse of social media under article 7 of federal law 41 of 2022, and the wife was obligated to pay expenses and fees under Article 133 of the Civil Procedures Code.
The child has been physically with the husband since October 2023 and the entire expenses and well-being are taken care of by the husband.
The ex-wife irregularly visits the child, doesn't provide personal or financial support, forces the husband to give the child a passport and doesn't want to raise it with the court, and continues to distress claiming that she has not given custody of the child.
Should I raise a case for proof of custody or child custody?
Since the child has been living with you since October 2023, you can file for formal custody in the family court. This will help solidify your legal rights as the primary caregiver.
The court will consider the best interest of the child factors like, The child’s age and needs, The stability of each parent’s home environment, each parent's ability to provide for the child’s emotional, educational, and physical needs, Parental Conduct, Factors like neglect, alcohol abuse, and any history of violence will heavily influence the court’s decision.
The child’s passport situation must be handled legally. You have the right to withhold the passport if it compromises the child’s well-being.
You can request a court order specifying travel arrangements and rights concerning the child’s passport.
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If the court is convinced of the reason for the divorce, this ruling will negatively affect your claim for child custody.
As long as the father is the provider and offers full care for the child, you can file a visitation lawsuit as a right for the mother, as the mother's presence is essential alongside the child.
You can contact us by phone to file the lawsuit.
Dear C.,
Thanks for your inquiry.
Based on the information provided, it appears that the husband has been granted custody of the child and the ex-wife is not fulfilling her obligations as per the court order.
In this case, the husband can file a case for enforcement of the court order and request for the ex-wife to fulfill her obligations, including providing financial support and adhering to visitation rights.
The husband can also request for the court to modify the custody arrangement if the ex-wife's behavior is not in the best interest of the child.
It is recommended to seek legal advice from us as a lawyer in the UAE by phone or email for specific guidance on the best course of action in this situation.
Greetings
Raising a case for proof of custody seems advisable due to potential disputes over custody claims by your ex-wife and her failure to adhere to previous agreements regarding visitation and support.
Consulting with a family law attorney can provide tailored advice specific to your situation to assist in navigating court procedures, filing necessary motions, and ensuring that all legal obligations are met.
Please contact us by phone or via email.
You should file a lawsuit requesting the loss of the mother’s custody for the reasons you mentioned, along with submitting the documents and the proofs.
Greetings.
Yes, you can file a lawsuit to drop custody, and this is sufficient evidence.
We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us on WhatsApp.
Yes, a lawsuit must be filed to prove his custody and this must be proven before the family court
Contact us by phone so we can help you.
