Who is entitled to custody of the children after divorce, and what happens as the child grows older?

A common question prepared by our teamCustody, Alimony & Visitation 1

Translated from Arabic.

I divorced a few months ago and I have a nine-year-old son and a five-year-old daughter, who are currently living with me. My ex-husband says our son will soon move to him because he has grown older, and that I will lose custody if I remarry. I do not know who has the first right to custody under the new law, or whether there is a specific age at which the child moves to his father or chooses for himself. And what should I do to establish my custody officially and protect my children's stability? I live in Riyadh.

Lawyers' answers (1)

KSA Lawyers editorial team

A general editorial answer prepared by our team

Translated from Arabic.

The Personal Status Law issued in 1443 AH regulates custody and makes the best interests of the child the core standard. It then sets the order of those entitled to custody upon separation: the mother first, then the maternal grandmother, then the father, then the paternal grandmother, after which the court decides what it considers to serve the child's interests. The court may depart from this order if it is satisfied that the child's interests require it.

The law does not distinguish between boys and girls in this order, so a boy does not automatically move to his father merely on reaching a certain age, such as your son's age. What the law provides is that once the child reaches fifteen, he may choose to live with either parent, unless his interests require otherwise, and custody generally ends when the child reaches eighteen.

As for the custodian's marriage, the law requires that the custodial mother not be married to a man who is not a close relative (mahram) of the child, while giving the court the power to decide otherwise if it is in the child's interests to remain with her. Marriage may therefore be grounds for a claim to remove custody, but it does not mean custody is necessarily lost without judicial review.

In general, a custodian must have legal capacity, be able to raise and care for the child, be trustworthy, and be free of illnesses that would prevent them from doing so.

To protect your position legally, you can take the following steps: 1. Log in to Najiz and submit an electronic application to establish custody, or file a custody claim at the Personal Status Court if there is a dispute. 2. Claim, in the same application or in a separate claim, maintenance for the children and the setting of the father's visiting times. 3. Keep evidence of your care for the children and their stability, such as school certificates, medical reports and your home address. 4. If there is a disagreement, you can try settlement through the Wudi platform before or during litigation. 5. Once judgment is issued, it is enforced in the event of non-compliance through the Enforcement Court under the Enforcement Law.

Every case remains subject to the court's assessment according to its circumstances, and no particular outcome can be guaranteed in advance. The KSA Lawyers team therefore recommends consulting a lawyer specialising in personal status cases to review your documents and assess your situation accurately.

Answers are general legal information based on what the asker described. They aren't binding legal advice and don't replace a licensed lawyer who has reviewed the documents.