Questions & Answers
Who currently holds educational guardianship: the mother or the father?
Hello,
Does the mother have educational guardianship now, or does the father?
Does the child have the right to choose which parent to live with?
At what age does the new law stipulate this? Please advise.
Thank you very much!
Hello,
To correct your question, the "custodial mother" is the one with educational guardianship, not the mother in absolute terms.
In fact, she must be a custodian. The new Personal Status Law regulates the issue of educational guardianship as follows:
1. Basically, educational guardianship falls on the father or another guardian of the child in custody, as the law obligates the father or other guardian of the child in custody to oversee the child's affairs, discipline, guidance, and education. Therefore, it is basically the responsibility of the father or another guardian of the child in custody.
2. The exception to this principle is that the custodial mother has educational guardianship over the child in a manner that serves the child's best interests. In the event of a dispute, the matter is referred to the judge of urgent matters, while preserving the custodial mother's right to educational guardianship.
3. Regarding the second part of your question, if the child in custody has reached the age of 15, he has the choice to reside with one of his parents, unless the interest of the child in custody requires otherwise.
Finally, if you have any other inquiries or a matter in the same regard that requires our assistance, we always welcome you, and you can contact us either via our telephones, WhatsApp, or email.
