Q: I want to take khula. I want to keep my children with me… A: Guardianship remains with the father. Custody follows the mother. Your husband cannot take your children due to the fact that they still under the age of his custody. The son should be with you until 11, and the girl until 13…

All cities, UAE

6031

The custody of children in case of khula

Assalamu alaikum,

I want to take khula. I have 1 baby and 1 child. I want to keep my children with me but my husband wants them too.

Is there any possibility that I can take my kids with me?

Ludmila Yamalova

HPL Yamalova & Plewka DMCC

Chat

Hire

Meet

28 Jan 2020, 09:50

Hello,

How old are your children? Also, are you and your husband both Muslims?

Regards,

Ludmila

28 Jan 2020, 09:52

A 4-month old baby boy and a 1 year and a half old girl.

Yes, we both are Muslims.

28 Jan 2020, 09:56

Since you are both Muslims, then Sharia will apply to your divorce. Generally, under Sharia, guardianship remains with the father.

However, in most cases, custody follows the mother, and therefore, the father has to pay alimony for the children as long as they remain in her custody.

Should you require further tailored substantive legal advice, kindly contact my firm via phone or email.

Regards,

Ludmila

Was this content helpful?

Premium

Maryam Ali Saleh Hayyaz

Maryam Hayyaz & Wejdan Bushahab Advocates

Chat

Hire

Meet

28 Jan 2020, 10:19

Dear questioner,

Even if you want to take khula, nobody can take the children from you.

We can help you to get the children's custody.

Kindly contact us via phone for a detailed discussion or write us an email for further assistance.

28 Jan 2020, 10:38

Can I come for a meeting with you, if possible?

28 Jan 2020, 10:49

Sure! You can come.

Was this content helpful?

Premium

Mohammad Salah Shoaib

Elnaggar & Partners

Chat

Hire

Meet

28 Jan 2020, 10:36

Dear questioner,

Based on Sharia Law, your husband cannot take your children due to the fact that they still under the age of his custody. The son should be with you until 11, and the girl until 13.

Please feel free to contact us via phone.

Thank you!

Was this content helpful?

Fixed-fee services

1 • View all