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MazorGuide Home > Living Jewish > Jewish Divorce (the Get) > Orthodox > Custody and Child Suppoprt

Jewish Divorce: Custody and Child Support

In civil law the mother always has parental responsibility for a child. The father’s parental responsibility is based on certain conditions. If the child was born after 2003 the father only has parental responsibility if he was married to the mother during the child’s life or was on the birth certificate. However, if the child was born before 2003 and the parents are unmarried, the father does not have automatic parental rights regardless of whether he was on the birth certificate or not.

Halachically (according to Jewish Law), the man has the responsibility to fully support his children, while the woman does not. The civil court decides custody issues based on the best interests of the child. The wishes of the children that are over the age of 10 are relevant and affect the decision of the court. The Beth Din decides custody issues based on a strict Halachic basis which maintains that all children under the age of 6 live should live with their mother, while boys over the age of 6 should remain with their father and girls over the age of 6 should live with their mother. However, the Beth Din will also take into account the best interest of the child. .

 •  Jewish Divorce: The Get (Gett) Text in Hebrew and English
 •  Resources and Information for Obtaining Jewish Divorce (Get)

 •  Jewish Divorce: Orthodox Perspective
    –  The Get Procedure: Obtaining a Jewish Divorce
    –  Marital Assets and Alimony
    –  Custody and Child Support
    –  Agunah Issues
    –  Getting a "Get."  The last resort. by Daniel Hadar

 •  Jewish Divorce: Conservative Perspective
    –  The Get Procedure: Obtaining a Jewish Divorce
    –  Marital Assets and Alimony
    –  Custody and Child Support
    –  Agunah Issues

 •  Jewish Divorce: Reform Perspective
    –  Is a Get Necessary: by Rabbi Jeff Goldwasser

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