Can the wife lose the custody of her children due to a medical condition?

Dear Inquirer

We are pleased to serve you and address your inquiries.

You have the right to retain custody and you can present the entire matter of your health condition to the judge.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Advocates & Legal Consultants

The most important consideration for the court will be what is in the best interests of the children. This includes factors such as the emotional, psychological, and physical well-being of the children, as well as the ability of each parent to care for them.

Since you've been the primary caregiver for your children over the past two months and have provided care and support on your own, this will be a significant factor.

Courts typically consider which parent has been actively involved in the day-to-day care and upbringing of the children, particularly for very young children.

The court will also look at both parents' ability to provide a stable, loving, and safe environment. Your history of epilepsy, which you have described as being well-managed with medication, will be evaluated in relation to whether it has impaired your ability to care for the children.

If you have a stable medical history and have demonstrated your ability to work, drive, and manage your health without significant disruption, this will be considered positive.

Provide records showing that your epilepsy is well-managed, including any doctor’s notes or medical history that confirms the rarity of your seizures and that they do not impair your ability to care for your children.

Highlight your ability to work and live independently, especially in different countries. Your employment history, including working in the US and Dubai, shows that you are capable of maintaining a stable and responsible lifestyle despite your medical condition.

If you can substantiate the allegations of domestic violence with solid evidence, this could significantly influence the court’s decision, as the court’s priority will be the safety and well-being of the children.

Yes, according to the law, you have the right to custody of the children. We can provide a defense supported by legal grounds to protect your rights and respond to the husband's request.

Please contact us by phone to proceed with the necessary legal actions.

The custody of your children will be determined by the Dubai Courts based on the best interests of the children.

While your medical condition may be a factor, it's important to focus on demonstrating your ability to provide a stable and loving environment for your children.

At 11 months old, the court will likely prioritize the mother's role in their care. While your husband's financial situation may be relevant, it's important to demonstrate your own financial stability, especially if you're working as a teacher.

While children of this age cannot express their preferences, the court will consider what is in their best interests.

We will discuss the possibilities in detail. Kindly share your WhatsApp number to discuss this further.

In the UAE, custody of children is usually granted to the mother, especially if they are young, unless there is evidence that she is unfit to care for them.

According to Article 146 of the UAE Personal Status Law, the right to custody is established for the mother in the event of a dispute, unless the judge decides otherwise in the best interest of the child in custody.

In your case, despite your history of epilepsy, your ability to work as a teacher since 2011, your ability to drive without accidents, and your ability to travel to different countries on your own, indicate that you are capable of taking proper care of your children.

If the epilepsy is under control and does not affect your ability to raise children, the court is likely to consider you eligible for custody.

It is important to provide recent medical reports proving your stable health condition, and certificates from your workplace confirming your competence and ability to perform your duties normally.

It is also advisable to provide any evidence that supports your ability to provide a stable and safe environment for your children.

For assistance, please contact us via phone or WhatsApp.

Your chances of winning custody of the two children are very strong, and he must prove that you are unfit.

Dear questioner

We can file for the custody of the child as well as produce your medical and all related certificates with the court.

Generally, the 11-month-old child will be given to the mother's custody rather than the father's, however, if not efficiently represented and defended the case will be complex, share your WhatsApp number to discuss this further.

Dear R.,

Thanks for your inquiry.

Under UAE law, the court will consider the best interests of the children when deciding on custody. This includes factors such as the physical, emotional, and financial capabilities of both parents, as well as the children's relationship with each parent.

In your case, your husband's claim for custody based on your history of epilepsy may not be considered a strong enough reason to grant him custody.

The court will also take into account your ability to care for the children, as you have been doing so for the past 2 months without any issues.

Your professional and personal history, including your ability to work and travel independently, may also work in your favor in the custody decision. However, it is ultimately up to the court to decide what is in the best interests of the children.

It is important to gather evidence and present your case effectively in court, highlighting your capabilities as a parent and your children's well-being under your care. It may also be helpful to seek legal advice from a lawyer experienced in family law in the UAE.

Kindly do not hesitate to contact us by email for further guidance.

Greetings

Thank you for reaching out and sharing the details of your situation. I understand that this is a challenging time for you, and I'm here to provide guidance.

Child Custody Considerations in the UAE:

In the United Arab Emirates, child custody decisions are primarily guided by the best interests of the child.

For children as young as your 11-month-old twins, the courts typically favor the mother as the custodian, especially when she can provide a safe and nurturing environment.

Impact of Health Conditions:

Your history of epilepsy, particularly given its infrequency and effective management, should not adversely affect your custody claim.

The fact that you've maintained a stable professional career and managed your health condition responsibly demonstrates your capability as a caregiver.

Domestic Violence Allegations:

The allegations of domestic violence and your husband's absence from the family home are significant factors.

The UAE legal system takes such matters seriously, and it can influence custody decisions to ensure the children's safety and well-being.

Legal Support:

To strengthen your position:

Documentation: Gather medical records that attest to the stability of your health condition.

Witness Statements: Collect statements from colleagues, friends, or family members who can vouch for your parenting abilities and character.

Legal Representation: Engage a lawyer experienced in family law within the UAE to advocate on your behalf.

I am available to assist you further in this matter. Please feel free to contact me via WhatsApp or phone to discuss your case in more detail and explore the best course of action.

Best regards,

Suhail Rana