Because minors can’t defend their right
Choose someone who defends them with reason and law.
Guardianship & Custodianship – Securing the Legal Status of Minors and Protecting Their Personal and Financial Interests
In cases of divorce, the death of a parent, or family disputes over the child’s affairs, guardianship and custodianship become some of the most legally sensitive matters. A minor lacks legal capacity and cannot make decisions about personal or financial matters. For this reason, the law provides a strict framework to ensure that a responsible adult is legally accountable for representing the minor before relevant authorities—according to clear statutes that leave no room for personal interpretation or abuse of a child’s rights.
Guardianship
By default, guardianship belongs to the father during his lifetime. It grants the power to make decisions related to education, healthcare, travel, official documents, and other aspects of daily life. However, if the father is absent, deceased, or legally incapacitated, guardianship may be transferred to another party based on a judicial assessment of the child’s best interest.
Although the mother is often the closest and most emotionally bonded caregiver, she does not automatically receive guardianship under the law. This can cause procedural paralysis in the child’s life—such as being unable to enroll in school, obtain documents, or receive treatment—until a court judgment is issued to grant or transfer guardianship.
At Al Wasl Law Firm, we legally represent the relevant party—whether a natural guardian or someone requesting transfer of guardianship. We handle the entire legal process: filing cases in Family Court, submitting necessary evidence, and securing rulings to establish or transfer guardianship, followed by execution of all related legal procedures.
Custodianship
Custodianship focuses on the management of the minor’s finances and assets. A child who inherits property, receives compensation, or owns financial resources cannot manage these assets independently. A court-appointed custodian is required and is subject to oversight by the Public Prosecution (Guardianship Division).
This custodian may be one of the parents, a relative, or any individual appointed by court order. Every financial act—selling, withdrawing, investing—must be approved in advance by the court, with clear justification and proof of benefit to the child. Failure to comply exposes the custodian to legal liability and could endanger the child’s assets.
We at Al Wasl Law Firm prepare all necessary custody petitions, legal memoranda, and supporting documentation. We coordinate with Juvenile and Guardianship Prosecution, meet judicial reporting requirements, and ensure timely decisions.
We also follow through with execution before authorities like:
• The Real Estate Registration Authority
• Banks
• The Real Estate Tax Office
•… and others.
Handling Disputes Over Custodianship
Disputes may arise among family members over who is best suited to hold custodianship—especially when mismanagement, conflict, or neglect is suspected. In such cases, we present legal evidence and objective reports to substantiate the reality and:
• Establish rightful custodianship
• File for removal or restriction of a custodian, if needed
We approach these sensitive cases with meticulous legal care, relying on rulings from the Court of Cassation which emphasize that the child’s best interest prevails, and the Guardianship Law which mandates strict judicial supervision over any financial activity.
This is not just about paperwork – it is a legal and moral trust that must be handled with precision and wisdom.
At
Al Wasl Law Firm, we view guardianship and custodianship as the pinnacle of legal responsibility for a child or legally incapacitated individual.
We represent you in every legal matter related to:
• Protecting minors and legally incapacitated individuals
• Managing inherited assets and trusts
• Making critical decisions involving education, travel, and healthcare
We provide the court with psychological and practical evidence to show the child is in safe and capable hands.
Our Guardianship and Custodianship Services Include:
Educational and Financial Guardianship
We help you obtain legal rulings when the other parent is deceased or uncooperative, enabling you to:
• Enroll the child in school
• Choose the type of education
• Manage any assets the child holds
• Safeguard the child’s life decisions from unauthorized interference
Custodianship over Property and Finances
If a minor inherits property, receives compensation, or is left without parents, we:
•Open a legal custodianship file
•Appoint a custodian
•Manage the minor’s estate in strict compliance with the law
Petitions for Financial Transactions on Behalf of a Minor
We represent you before Family Court for:
• Buying or selling assets in the child’s best interest
• Transferring funds between accounts
• Investing the child’s inheritance within a secure legal framework
Legal Custody over an Ill or Incapacitated Adult
If a family member suffers from a mental illness or age-related incapacity, we represent you in obtaining legal custodianship for handling:
• Healthcare decisions
• Banking access
• Government correspondence
Why Choose Al Wasl for These Matters?
• Because we prioritize ethical and humane values before legal technicalities
• We act swiftly, accurately, and transparently
• We offer the model of a lawyer who upholds dignity and protects the family in its most vulnerable moments
" Guardianship is not control… It is protection,
exercised in the name of law, with a human heart. "