Does custody drop if the mother remarries?

Under the new law, the mother's marriage does not automatically drop her custody. The criterion is the "Best Interest of the Child." If the court sees that the child remaining with the mother (and her new husband) is better than moving to the father, custody remains with the mother, provided there is no harm to the child in the marital home.

How is the monthly alimony amount determined?

It is subject to the judge's (or experts') discretion, considering the spender's (husband's) financial state, the need of the beneficiary (child/wife), and the average cost of living. The judge usually requests a bank statement and salary certificate from the husband to determine a fair amount (often deducting 30-45% of the salary for total expenses).

Can the father travel with the child without the mother's permission?

Neither parent may travel with the child outside the Kingdom without the other parent's consent, or permission from the judge if the other parent withholds consent without justification, to protect the other party's visitation rights.

New Saudi Personal Status Law 2026: Custody, Alimony, and Online Divorce Guide

The new Personal Status Law has arrived as a safeguard protecting the family and reducing disparate judicial interpretations. Custody and alimony cases are no longer subject to whims but are governed by clear statutory texts placing the "Best Interest of the Child" above all considerations. Since divorce documentation has become electronic and mandatory, understanding your statutory rights is the first line of defense for your stability and your children's future.

In this updated legal guide from Mahmoud Alshangiti Law Firm, we dive deep into the statutory articles (such as Article 126), clarify independent housing rights, and explain how expenses are estimated via the "Experts Division" in courts.

First: Right to Custody and Article 126 Conditions

The new law ended the old debate about the automatic "age of choice," making the criterion the "Best Interest of the Child." The law prioritized custody as follows:

The Mother: She is the primary custodian, unless there is a Sharia or statutory impediment.
The Father: Comes directly in the second rank (his rank advanced to become the most entitled after the mother).
Mother's Mother, then Father's Mother: In case custody is not possible for the parents.

Custodian Conditions (Article 126):

Searches regarding custody conditions have increased, and Article 126 has settled them clearly. To be entitled to custody, a parent must possess:

Full Capacity: To raise, protect, and care for the child regarding health and education.
Safety: Being free from dangerous infectious diseases.
Integrity: The custodian must not be a danger to the child (e.g., drug abuse or violence).

Crucial Point: The mother's marriage to a non-relative (not the child's father) does not automatically drop her custody as was prevalent. The judge considers whether her marriage harms the child's interest, and often custody remains with her if the housing is suitable and the husband is trustworthy.

Second: Alimony and Estimation Mechanism (Experts Division)

Alimony is not a random number set by the judge; it is a precise calculation subject to several criteria to ensure a decent living.

How does the Judge determine the alimony amount?

The case is usually referred to the "Experts Division" at the court, where the father's financial state (salary, obligations, debts) and the child's needs based on age and school stage are studied. Alimony includes the following aspects:

Alimony Type	Details & Coverage
Food & Clothing	A monthly amount determined by experts to cover basic needs.
Housing Rent (Article 47)	The father must provide independent housing for the custodian and children, or pay cash "Housing Rent" (distinct from food alimony) if she does not own a home.
Past Alimony	The wife has the right to claim expenses she paid previously that the husband did not pay, for a maximum of two years prior to filing the lawsuit.

Third: Visitation Rights and Electronic Regulation

Custody does not mean depriving the other party of seeing their children. The new law guarantees the "Visitation Right" for the father (or non-custodial mother) periodically.

Amicable Regulation: It is preferred to agree amicably and document this in the custody deed.
Forced Execution: In case of prevention, execution is carried out via "Shamle" centers prepared socially, and a "Visitation Execution" request can be filed electronically via Najiz.
Travel Ban: The custodian may not travel with the child outside the Kingdom for more than 90 days a year without the other parent's consent or the judge's permission.

Fourth: Electronic Divorce and Khula Documentation

Verbal divorce is no longer sufficient to officially prove marital status before government agencies.

Mandatory Documentation: The husband must document the divorce via the "Najiz" portal within a maximum of 15 days from the separation.
Compensation: If the husband delays documentation and the wife is harmed (by suspending her status), she has the right to file a "Divorce Proof" lawsuit claiming compensation for material and moral damages (according to Article 90).