Custody in accordance with the provisions of the Kuwaiti Personal Status Law.

  Custody in accordance with the provisions of the Kuwaiti Personal Status Law.



Custody is the raising of a child who is legally entitled to raise him


Custody benefit


 Article No. 189 stipulates “A- the right of custody to the mother, then to her mother even if it is higher, then to the aunt, then the mother’s aunt, then the mother’s aunt, then the grandmother to the father, then the father, then the sister, then the aunt, then the father’s aunt, then the father’s aunt, then the daughter Brother, then sister's daughter, by introducing a brother, then a mother, then a father in all.


B - If there is no person entitled to custody of these, then the right to custody is transferred to the chosen guardian, then the brother, then the neurotic grandfather, then the uterine grandfather, then the nephew of the brother, then the uncle, then his son, by presenting the brother, then the mother, then the father, whenever possible that.


C - If the persons entitled to custody are equal, the judge chooses the best fit for the child. “.


Required custodial recipient


A- Puberty, reason and honesty, and the ability to raise children, and maintain their health and morals.


B - It is a condition for the incubator that he be a female mahram, and he has a woman fit for custody.


Loss of the right to custody:


Article 191 states that “If the incubator marries a non-mahram to the child, and the husband enters with her, her custody shall be forfeited.


The silence of a person who has the right to custody for a period of one year - without an excuse - after learning of entry, forfeits his right to custody and claiming ignorance of this ruling is not considered an excuse.


A non-Muslim incubator deserves custody of a Muslim child, so that the religions are reasonable, or he is afraid that he will become familiar with anything other than Islam, even if the religions are not reasonable.


In all cases, it is not permissible to keep the fostered child with this fosterer after reaching the age of seven.


The right of custody is not extinguished by dropping, but rather it is abstained with its impediments, and it returns with its demise.


Custody has ended


“Women's custody of boys ends with puberty, and female custody ends with her marriage, and the husband's entry with her. “.


It is also :


1- The incubator may not travel with the child in custody to another country to reside without the permission of his guardian or guardian.


2- The guardian does not have a father or anyone else to travel with a child in custody for a residence travel during his custody period, without the permission of his incubator.


Right to see the foster child:


“A - the right to see parents and grandparents only.


B- The fosterer has no right to prevent one of them from seeing the foster child.


C - In the event of prevention, and unwillingness to go to see the child with the other, the judge shall appoint a periodic date and a suitable place to see the child, in which the rest of his family can see him.


Alimony for the foster child:


The incubator has the right to receive the alimony for the child, including the housing fee.


The one who is obligated to spend on the foster child is obliged to rent a residence for his custody, unless the incubator owns a residence in which she lives, or is designated for its residence.


The incubator is not entitled to a custody fee, if she is the wife of the father, or the iddat who is entitled to alimony from him, or during the period of the pleasure imposed for the incubator over the young father.


Nursery fare:


 The incubator is required to pay a nursery fee until the young child reaches seven years, and the young woman is nine.


The right of the foster child to pay for a servant:


If the child in custody needs a servant and the father is affluent, his reward is due to the father, because custody derives its provisions from alimony, and just as the father must provide his son with food, clothing and housing, he must provide the servant for him if he needs it and he is affluent.


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