Personal Status Laws
Custody
American custody orders are not binding in Sudan, therefore parents in mixed marriages should familiarize themselves with Sudanese child custody provisions. Under Sudanese law, children born to a Sudanese father are considered Sudanese citizens. Children born to a Sudanese mother may become Sudanese citizens under limited circumstances.
A divorced woman is entitled to guardianship over her sons until age 7 and, if necessary, the courts may extend this period until puberty. Girls remain in the custody of their mothers until age 12 or, if deemed appropriate by a judge, until marriage. (S. 115)
The father obtains legal custody of his children when they leave their mother's guardianship. In addition, he oversees the children's property until age 21, when minors acquire legal capacity. Both parents have full visitation rights. If the parents do not establish mutually acceptable arrangements, a judge can order a schedule and location.
A man must provide a home for his wife and children if he initiates divorce. His family remains in the conjugal home unless he provides a suitable alternative, but the divorced wife has no security when the period of child custody expires. This law is applicable to both Muslim and Christian families.
A divorced woman will not lose custody of her children while she works outside of the home. This ruling is generally upheld in Sudanese courts if it is demonstrated that proper arrangements were made for the children's care.
Sudanese courts rarely give custody to a mother who plans to leave the country or will not raise her children as Muslims. Furthermore, legal decisions emphasize the importance of having children reside near their father, and immigration authorities always require a father's permission before his children can leave Sudan. Finally, if the mother is non-Muslim, she will not be allowed custody of her children after 5 years of age if there is the slightest belief that she will "use her guardianship against Islam." (S. 114(2))