Child custody in Somalia
In Somalia family law is based on Islamic law: the father is the guardian, and the mother has the care of young children until an age the law sets.
Updated October 2026. Spotted a mistake? Tell us.
A general outline, not a checked profile
We have not yet researched Somalia line by line. This page describes how countries with the same legal tradition usually work, so that the map is not blank, and it can differ from the law in Somalia. Reliable, current information is hard to find for many African countries: laws are often not published online or not translated, customary and religious rules are unwritten or differ from one community to the next, and reforms are not always reported.
Can you help? If you know the rule in Somalia, or you work with its law, please email us what it says and where it is written. We will check it and update the page, with credit if you wish.
If the parents are married
The father is the child's legal guardian (wali) and manages the child's affairs. The mother has the care of the child (hadana) in the early years.
If the parents are not married
For a child born outside a valid marriage the father has no automatic rights, and the mother has the care of the child. Take local advice.
The unmarried father, in one line: Depends on the parents' religion or personal law.
After a divorce or separation
After divorce the mother usually has the care of young children until an age the law sets, after which the child may choose or the father takes over; the father remains the guardian who makes the major decisions.
What the child can say
In many countries of this tradition the child can choose which parent to live with once past a set age.
Moving house or moving abroad with the child
Where both parents have parental responsibility, taking a child to live abroad generally needs both parents' agreement or a court's permission. Check the rules before any move.
If the parents live in different countries
Somalia is not in force under the 1980 Hague Child Abduction Convention, so there is no treaty route to ask for a child to be returned. Local advice is essential.
What to watch for
- Non-Muslim residents are usually subject to the rules of their own community or to the general civil law.
Understand the legal system first
Somalia belongs to the Religious (Islamic) law is a leading source family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Somalia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Somalia? →
Official sources
Other countries
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
