Custody (international)

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In the legal system , especially in family law , custody refers to the right of a parent to look after, care for and bring up their biological or legal children in their own household . Contentious custody is common in a living apart of the parents, as well as in cases where other parties - for example, authorities - with decision-making rights on the residence of children.

Particular problems arise when parents fighting over custody of a child have different nationalities.


German-speaking area

For the legal regulation of parental custody in Germany, Austria and Switzerland see:

United States

In the United States and other English-speaking countries, a distinction is made between "physical custody" (simplistic often "custody", custody in matters of daily life including the right to determine residence) and "legal custody" (power of representation in serious decisions relating to health care, training and legal representation ).

In divorce cases , the judicial authorities shall order in the US widely, the exchange model (English joint custody ) to equally exercise custody in which both parents. Some states make a distinction between shared custody , in which the parents organize the sharing of custody independently, and joint legal custody , in which the court sets a schedule for the children's stay.

Islamic countries

QA law

This article was entered in the editorial right for improvement due to formal or factual deficiencies in quality assurance . This is done in order to bring the quality of articles from the subject area law to an acceptable level. Help to eliminate the shortcomings in this article and take part in the discussion ! ( + ) Explanation: The section on Islamic countries uses the term "custody" in a meaning that differs greatly from international customs and is not explained in the text - see discussion page

According to classical Islamic law, the mother has the right to care ( ḥaḍāna ) for the child in the first few years , for boys up to the age of about seven and for girls up to the age of nine. However, the mother loses this right by remarrying (unless she marries a relative of the child). Both in the case of remarriage and death of the mother, custody goes to the mother's close female relatives. Only when these fail does it go to the paternal family, but there only to the female relatives. The preference of women in custody is justified by Islamic jurists with the mother's greater emotional bond with the child and with her natural caring skills. During the time in which the mother is exercising her custody, the father is obliged to pay maintenance ( nafaqa ) as well as wages for maternal care and possibly also for breastfeeding. In contrast to custody, the guardianship of the child always rests with the father, even as long as it is with its mother.

In some Islamic countries, legislative reforms have strengthened the mother's position with regard to custody and made decisions based on the best interests of the child possible. In 2005, for example, Egypt increased mother's custody of boys up to the age of 15 and made it possible to extend it up to the age of 21 upon request for reasons of child welfare. According to the Moroccan Family Code of 2004, remarriage of the mother no longer automatically leads to loss of custody.

Web links

Individual evidence

  1. Legal text: Georgia Code - Domestic Relations - Title 19, Section 19-9-6. ( Memento of the original from April 30, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. In: UNITED STATES; as well as the legal text: § 107.102: Parenting plan. In: United States, accessed February 26, 2014. @1@ 2Template: Webachiv / IABot /
  2. See Judith E. Tucker: In the House of the Law: Gender and Islamic Law in Ottoman Syria and Palestine . Berkeley: University of California Press 2000. pp. 117-119, 124-137.
  3. Cf. Mathias Rohe: The Islamic Law. History and present. 2nd Edition. Munich 2009, p. 97.
  4. See Rohe 227.