Under Oman’s Personal Status Law, issued by Royal Decree 32/97, custody after divorce goes to the mother first. It continues until a boy reaches seven and a girl reaches puberty, and the judge can extend it where the child’s interest requires. Said Ibrahim Ambusaidi Advocates and Legal Consultations (SIA) in Al Khoudh, Muscat argues custody cases before courts across Oman.

Who gets custody after divorce in Oman?

Custody (hadana) in Omani law means keeping, raising and caring for the child in a way that does not conflict with the guardian’s authority, as defined in Article 125 of the Personal Status Law. When the spouses separate, custody goes to the mother first, then the father, then the maternal grandmother, then other relatives in the order the law sets out, with maternal relatives generally preferred unless the judge decides otherwise.

That order is not applied mechanically. The governing test the courts apply is the interest of the child, and a judge can award custody to whoever serves that interest best, even against the apparent order.

Until what age does custody last?

Child	Custody period	Notes
Boy	Until age seven	The judge may extend it where the child’s interest requires
Girl	Until puberty	The judge may extend it where the child’s interest requires

The end of the custody age does not cut the child off from the custodian. It changes where the child lives and who provides daily care, as the judge decides, and the other parent keeps visitation and contact rights throughout.

What are the conditions for a custodian?

The law sets core conditions for any custodian, man or woman:

Sound mind and maturity.
Trustworthiness and the ability to raise, protect and care for the child.
Freedom from serious contagious disease.
For a female custodian: she must not be married to a man who is a stranger to the child, meaning not a close relative, unless the court decides otherwise in the child’s interest.
For a male custodian: he must have a woman in his household fit to provide care, and he must be a close relative (mahram) if the child is a girl.

Custody is forfeited when one of these conditions lapses, when the custodian moves somewhere that prevents the guardian from performing his duties, or when a person entitled to custody stays silent about claiming it for a full year without excuse.

What is the difference between custody and guardianship?

This is the point most litigants misunderstand. Custody is daily care and residence. Guardianship (wilaya) is the authority over the child’s major affairs and property. When the mother holds custody, guardianship in principle remains with the father, so major matters such as the child’s property do not transfer automatically with custody. When we draft custody claims at SIA, we define precisely what is being requested: custody, visitation, maintenance, and any guardianship issue actually in dispute.

How does visitation work?

Article 137 of the Personal Status Law gives the non-custodial parent the right to visit the child, receive the child’s visits and accompany the child, as the judge determines. If a parent has died or is absent, the child’s close relatives may be granted visitation by court order. The practical rule: visitation arranged by agreement serves the child better than visitation imposed by judgments, and we draft enforceable visitation agreements that keep our clients out of repeat litigation.

Key facts

The Personal Status Law in force in Oman was issued by Royal Decree 32/97.
Custody after divorce goes to the mother first, then the father, then the maternal grandmother, in the legal order.
A boy stays in custody until age seven and a girl until puberty, and the judge can extend either period in the child’s interest.
The child’s best interest is the governing test Omani courts apply in custody disputes.
Custody is not guardianship. A mother holding custody does not automatically hold guardianship.
SIA in Al Khoudh, Muscat offers a free first consultation on family matters by phone or WhatsApp.

When to involve a lawyer

When disagreement over the children turns from understanding into dispute: refusal to hand the child over, blocked visitation, plans to travel with the child, or a claim to strip custody. In these cases, early documentation and a precisely drafted claim decide much of the outcome. SIA handles custody, visitation and maintenance cases and represents clients before personal status courts across Oman, in Arabic and English.

Your first consultation is free. Call or WhatsApp us on +968 9706 3030, Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00 Oman time.

This article is general legal information, not legal advice.