Son Custody Rights After Divorce in Bahrain refers to one of the judgments issued by the court after the separation of spouses, through which the court determines the parent who will have custody of the children.
This judgment is followed by the issuance and completion of all related official documents. In this article, we will discuss the custody period for a son in Bahrain and the legal rules governing custody after divorce.
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Son Custody Rights After Divorce in Bahrain
When divorce occurs between spouses in Bahrain and an application is submitted to officially register the divorce before the court, both parties may agree on matters related to child support, the person who will have custody of the children, and the number, location, and timing of visitation arrangements. These details are recorded in the divorce document, and the agreement between the separated spouses becomes immediately enforceable.
Bahraini law gives priority of custody to the mother, as she is generally considered more capable of caring for the child, managing the responsibilities of upbringing, and providing the necessary attention and protection for the child under custody.
Regarding the custody period, Sunni jurisprudence provides that a woman’s custody of a male child continues until he reaches fifteen years of age, while custody of a female child continues until she marries and the marriage is consummated. Under Jaafari jurisprudence, the mother’s custody ends when the child reaches seven years of age, whether the child is male or female, after which custody transfers to the father.
If both parents are absent for any reason, custody is transferred to the person entitled to it according to the custody order established under Bahraini law. If the person entitled to custody refuses to take care of the child, the judge may issue a custody order in favour of another person who is considered suitable and qualified from among the child’s relatives, and then from others if necessary. The judge may also grant custody to a qualified institution established for this purpose.
Article 130 of the Bahraini Family Law allows the judge to seek assistance from specialists and experts in psychological and social matters when deciding custody cases. This is based on the principle of protecting the child’s best interests and considering the impact of the custody period on both the custodian and the child.
It is also important to note that a custody judgment in Bahrain cannot be enforced by force unless the judge considers and determines otherwise based on the circumstances of the case.
Frequently Asked Questions About Son Custody After Divorce
Some of the most frequently asked questions on this topic include:
Who Gets Custody of a Son After Divorce?
Under Article (128) of the Bahraini Family Law, custody of a son after divorce is granted to the mother due to the child’s need for maternal care and her ability to provide essential care, especially when the child is young.
When Does the Father Have the Right to Custody of a Son?
The father may have the right to custody if the mother loses custody for any legal reason or when her custody period ends according to Jaafari jurisprudence.
In conclusion, we hope this article on Son Custody Rights After Divorce in Bahrain has provided a clear overview of the main rules governing child custody in Bahrain and explained what happens to a son’s custody after the age of seven.
We have also addressed some of the most common questions surrounding this issue. Because every custody dispute has its own circumstances, seeking the assistance of an experienced custody lawyer can help you better understand your legal position, prepare your case, and protect your rights under the laws in force in Bahrain. Contact us directly to request a legal consultation.
For more information, you may also read these related topics: Order of Custody After Divorce under Bahraini law.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
