Can I get child custody if my husband is a drunkard?

Q I am a mother of two living in Dubai. My husband has recently become a heavy drinker.

I am not sure if I want to divorce him or not, but what can I do to get custody of my children for the time being? A

UAE law calls for the maintenance of a favourable and holistic environment for children. When the court is asked to determine which parent should be granted child custody, it must consider where the child’s best interests would lie. UAE law provides a condition that the custodian must be of sound mind and competent enough to raise and protect a child when they are in their custody. Heavy drinking will probably harm his petition to claim custody.

UAE law states that mothers can have custody of their sons only until they turn 11, and for their daughters until they turn 13 – unless the court decides that it is in the child’s interest to extend that period until the son turns 18 or the daughter marries. Given the issue of alcohol abuse, the court could choose to reject your husband’s custody claim.

In light of the above, it is more likely that the court will extend the custody with the mother. Moreover, a custody case can be filed independently of a divorce case or as part of the divorce claim.

I am a Muslim and my fiance is Christian. We are planning to get married in Dubai next year but I was told that he must convert to Islam beforehand. Could you explain the procedure and how this affects my chances of marrying him? Under Islamic law it is not permissible for a Muslim woman to marry a non-Muslim man unless the husband-to-be converts to Islam first. However, it is legal for a Muslim man to marry a non-Muslim woman who has not converted to Islam.

Per Article 47/8 of the Federal Law No 28 of 2005, the marriage of a Muslim woman to a non-Muslim is prohibited and therefore such a marriage is invalid in the UAE.

If a couple is living in the UAE, their marriage, cohabitation and any resulting pregnancy will be subject to the laws of the Emirates. If you have a question for our legal consultant, email media@professionallawyer.me with the subject line “Family Matters”.