“Al-Bilad” receives various inquiries and requests for legal advice, and has cooperated with an elite group of distinguished lawyers who kindly agreed to answer readers’ inquiries, which reached the corner’s mailbox ([email protected]) Or through “Al-Bilad” accounts on social media platforms, and the questioner may mention his name if he wishes, and with us in today’s corner is lawyer Zainab Issa:
The question: I married a woman who later discovered she had a mental illness. Can I request custody of my children before divorce, and can the court prove this through psychiatrists?
Lawyer Zainab Issa defines custody as preserving, raising, and caring for the child. It is obligatory for both parents and shared between them as long as marital life exists. This is in accordance with Article (128) of the Bahraini Family Law. Therefore, a lawsuit claiming custody of the child cannot be filed before divorce except Under conditions specified by law, which are an exception to the general rule.
As for the possibility of proving the mother’s illness by the court, the answer is yes, this can be proven, as the law allows the judge to seek the assistance of specialists and experts when necessary in assessing the preponderant interest of the child. Therefore, a request can be submitted to present the mother to medical committees – that is, to refer her to psychiatry – for a report. Her illness, its nature, and the extent of its impact on her ability to raise the son, care for him, protect him, and manage his affairs; Given that this is among the conditions that must be met by the custodian, which was specified in Article (126) of the same law: (The custodian/female custodian is required to have the ability to raise, preserve, care for the child, and manage his interests), but it should be emphasized that all of this is subject to the court judge’s ability to Discretionary authority and what he deems to be the seriousness of the reasons and facts before him.
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