By: Counselor Mohamed Abdo – Court of Cassation Lawyer

Child's Choice Between Father and Mother After Age 15 Under Egyptian Law

Can a child choose to live with the father or mother after reaching the age of 15? This is one of the important questions that arise in custody and personal status cases, particularly when the parents disagree about where the child should live after the end of the period of female custody. For a free legal consultation, you can contact Counselor Mohamed Abdo – Court of Cassation Lawyer to understand your legal position and the appropriate procedures by calling 01221004548 or 01116882008, or via WhatsApp at 01025337337.

What Happens When a Child Reaches the Age of 15?

Under Article 20 of Decree-Law No. 25 of 1929, as amended by Law No. 4 of 2005, the period of female custody ends when a boy or girl reaches the age of 15.

After reaching this age, the judge gives the child the choice of remaining with the custodial parent without a custody fee. For a boy, this continues until he reaches the age of majority, while for a girl it continues until she marries.

Therefore, reaching the age of 15 does not automatically transfer custody to the father. Instead, it marks a new legal stage in which the judge has a role in determining whether the child will remain with the custodial parent.

Can a Child Choose Between the Father and Mother After Age 15?

One important point that needs clarification is that the law does not simply allow the child to independently decide, immediately upon turning 15, to move from the mother to the father or vice versa.

The law provides that the judge gives the child the choice of remaining with the custodial parent after reaching the age of 15.

Therefore, the child's choice between the father and mother after age 15 takes place within a legal framework and before the competent court. It is not simply a personal decision made independently by the child.

Does Custody Automatically Transfer to the Father After Age 15?

No. Custody does not automatically transfer to the father simply because the child reaches the age of 15.

Article 20 provides for the end of female custody at this age and then establishes the child's right to choose whether to remain with the custodial parent.

Therefore, reaching age 15 does not automatically mean that the child will be transferred to the father's custody. The legal circumstances of the case and the procedures before the court must be considered.

What Happens If the Child Chooses to Stay With the Mother?

If the child chooses to remain with the custodial mother after reaching the age of 15, the law allows the child to continue living with her without a custody fee until the boy reaches the age of majority or the girl gets married.

The Egyptian Supreme Constitutional Court has also upheld the constitutionality of this legal framework, recognizing that allowing the child to make this choice after reaching the specified age serves the legitimate interests of the child.

What If the Child Chooses the Father?

If the child does not wish to remain with the custodial parent, the matter is not simply treated as an automatic transfer of custody based solely on the child's expressed preference.

The legal consequences depend on the circumstances of the case and the procedures before the Family Court.

Therefore, determining what happens when a child chooses the father after age 15 requires reviewing the specific circumstances and legal position of the case.

It is also important to distinguish between custody and legal guardianship, as they are not the same legal concept.

Does the Child's Choice Cancel the Father's Rights?

No.

It is important to distinguish between custody and guardianship over the child.

The child's continued residence with the custodial parent after reaching the age of 15 does not necessarily mean that all of the father's legal rights concerning guardianship are automatically terminated.

Therefore, the child's decision to remain with the mother does not, by itself, mean that all of the father's legal rights cease.

Is a Court Case Required for the Child's Choice?

The appropriate legal procedures may vary depending on the circumstances of each case and the claims submitted before the Family Court.

If the father and mother have a dispute regarding where the child should live after reaching the age of 15, it is advisable to consult a lawyer specializing in personal status cases before taking any legal action.

A lawyer can review the case and determine the appropriate legal procedure based on the documents and circumstances involved.

What Is the Purpose of Giving the Child a Choice After Age 15?

The legal regulation of the child's choice after age 15 aims to take the child's interests into consideration and allow the child to express a preference regarding remaining with the custodial parent after the end of female custody.

The Supreme Constitutional Court has addressed the constitutionality of this framework and recognized that regulating the custody period and allowing the child to make a choice after reaching this age is connected to protecting the legitimate interests of the child.

Does the Rule Differ Between Boys and Girls?

Under Article 20, the right of female custody ends when the boy or girl reaches the age of 15.

After that, the judge gives the child the choice of remaining with the custodial parent without a custody fee, with the applicable end of this arrangement differing between boys and girls according to the legal provision.

The Role of a Personal Status Lawyer in Custody Cases After Age 15

Custody cases involving a child who has reached the age of 15 may involve several interconnected legal issues. Therefore, each case should be assessed according to its specific circumstances.

A specialized lawyer can explain:

• The legal position regarding custody after the child reaches age 15.
• What the child's choice before the court means.
• The legal procedures related to the choice.
• The legal position of the father and mother after female custody ends.
• The difference between custody and legal guardianship.
• The legal consequences of the child's choice.

If you are facing a dispute concerning child custody after age 15, obtaining legal advice before taking action can help clarify your legal position and the appropriate procedures.

Counselor Mohamed Abdo – Court of Cassation Lawyer

If you are looking for a lawyer specializing in custody and personal status cases and are facing an issue concerning the child's choice between the father and mother after reaching the age of 15, you can contact Counselor Mohamed Abdo – Court of Cassation Lawyer for a free legal consultation and an assessment of your legal position.

Office Address

📍 First District, Fourth Neighborhood, Sheikh Zayed City, Giza, Egypt.

Contact Numbers

📞 Phone 1: 01221004548
📞 Phone 2: 01116882008
💬 WhatsApp only: 01025337337

Legal consultations at the office are free of charge.

Conclusion

The child's choice between the father and mother after age 15 does not mean that the child independently decides where to live or that custody automatically transfers to the father upon reaching this age.

Under Article 20 of Law No. 25 of 1929 and its amendments, female custody ends when the boy or girl reaches the age of 15. After that, the judge gives the child the choice of remaining with the custodial parent without a custody fee, according to the legal framework.

Because every case differs according to its circumstances and documents, obtaining specialized legal advice can help determine the child's and parents' legal positions and the appropriate legal steps.

Legal Disclaimer: This article is provided for general legal awareness and does not constitute legal advice for a specific case. A lawyer should review the relevant documents and circumstances before any legal action is taken.