A question was received from a reader who said:
I got married three years ago and had a baby girl who is now less than a year old. The marital relationship between my husband and I deteriorated for many reasons, including 9 months of estrangement. I decided to leave the marital home and live with my mother, and he insisted on divorcing him. Will leaving the marital home affect my claim to my rights regarding housing, child custody, and other expenses?
the answer :
Legal Advisor Dr. Youssef Al Sharif:
First of all, the questioner is wrong to leave the house, because I always advise our sisters and daughters to stay in the marital home, so as not to give the husband an excuse to claim obedience, and secondly, because the home is the right of the wife and her children, so when she leaves, the husband may prevent her from returning to the same home, which may be suitable for her, to house her in another home that is not suitable for her, or to let the court decide on a rent allowance that may not be suitable for living in a suitable home like the one she left. As for leaving the wife for 9 months, it is a long period during which she has the right to file a divorce suit due to harm, and she must provide evidence from witnesses and the like and demand all her rights. As for custody, it is with the mother if the child is a boy, until the age of 11 or puberty, and if it is a girl, until 13 or marriage, and it is at the discretion of the court and its authority to do so. As for marriage, it is a reason to drop custody, but also the matter is at the discretion of the judge if he finds that there is in the mother’s husband what the court estimates is in the best interest of the child in custody.
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