Determining Factors for winning a Child Custody
Divorce is a painful process in terms of emotions and legal paradigms from the beginning till the end. It is always advisable to talk to accomplished Divorce Lawyers/Family Lawyers to weigh out its implications. Furthermore, chalk out the desired course of action. Divorce proceedings involve the settlement of various matters. These matters revolve around child custody, as well as the compensation claims made by the wife. Disputes are bound to arise between both the parties who’re quitting their status of being married. The resolution of such disputes requires legal intervention when both the husband and wife fail to reach a mutually acceptable decision. Lawyers act as their legal aids to defend their stance and enable them to face the least damage in terms of finances or emotions. If the parents are unable to decide amicably among themselves who is to keep the child between the two of them, then a legal solution is asked. According to Custody Law, mothers are categorized as the natural custodians of a child, whereas the fathers hold guardianship rights. However, the criteria of custody entitlement depend on the following factors as well. These factors leave no stone unturned in keeping the best interests of the child intact. The eligibility criteria for custody attainment is that the parent should be of a sane mind, and honest, and should be at least 21 years old. Moreover, they should have the ability to take care of the child. The parents should not be infected with any contagious disease as well. In addition to this, there should be no criminal record of the custodian. In addition to the above, a custodian must fulfill a few lawful standards to get awarded with the child’s custody by the court. Firstly, the religion of the custodian should be the same as that of the child. Secondly, the mother should not get married again. It is a noteworthy point here that the child remains with the mother during the trial of child custody until the court’s final verdict. Although Law explicitly states that the mother is the child’s custodian by nature. However, if she is incompetent to do so then the court decides upon the subsequent entitlement.
Methods of Divorce Procurement
Muslims can terminate the legal status of being married by obtaining a divorce certificate. Divorce is given by either the man or the woman. For the woman to initiate the divorce, she must be given the due right to it, by her husband in the marriage contract. Otherwise, the husband holds the right to commence the marriage termination himself. However, there are certain circumstances under which the wife can start off the divorce proceedings when she is subjected to any harm. If the routes to get a divorce are still unclear, Family Lawyers can provide the necessary legal aid and advice. As per the law, there are two methods to get divorced lawfully. The first method of divorce is articulated by uttering the word ‘Talaq’ orally or in written format, in the presence of a person who testifies the saying or scripting of it. However, the legal requirements are mandatory to conduct to legalize marriage termination. The court needs the validation of both the marriage contract as well as its termination through a legal certificate. This is an essential procedure done for any future reference or evidence requirement. Law does not take into account any verbal commitment or any unofficial written script. It needs proper legal documentation and procedural registration to accept it lawfully. Moreover, the presence of a witness is also an important legal requisite. The witness’s role is vital in case of any conflict or confusion regarding the pronouncement of Talaq. He is that piece of evidence that is presented in the court in favor of either of the parties to finalize the court’s verdict and substantiate the stance of the defending lawyers. The second method of obtaining a divorce is by way of the court. In this case, the divorce is finalized only upon the verdict of a court after going through a proper legal channel of case filing and hearing. It is entirely upon the court’s discretion to give a legal separation to the intending spouse upon filing a divorce case. Both the parties have their respective defending advocates to strengthen their side of the claim.
Conclusion:
Every religion including ISLAM provides the option to both parties to get separated and divorce each other because every religion respects human beings and their prosperity. As far as Sharia Law is concerned then it perfectly defines the marriage, divorce, and other social rules required for marriage life. If a person is interested to know just for the sake of knowledge or he needs for a future situation then Lawyers in Dubai are the best source for him. These Lawyers in UAE also called Lawyers in Dubai are well known for the reason that they are smart, intelligent, having vast exposure and capable of delivering the legal support of counselling and services to people of every religion and sect. We also suggest that it’s quite important to discuss the case with lawyers first. Paid Legal Counselling is concerned rather than a free consultation. A direct legal approach with the attorney is recommended rather than reading the content online and making up the mind.