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What does the law say about the custody of the baby if the ex-wife gets married?

My ex-wife and I have a daughter. We are both non-Muslims. She has custody of the child.

What does the law say about the custody of the baby if she decides to get married?

And will it change the situation if she will marry and get pregnant? Or it doesn’t matter?

Ahmed Mohammed Bashir Advocates & Legal Consultancy
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14 Mar 2022, 15:07

Dear Questioner,

If she marries a man who is foreign to the child, the custody is transferred to the father.

Ahmad Anwahi Advocates & Legal Consultancy
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15 Mar 2022, 17:21

The mother shall have the right of her child's custody in case of a dispute over the custody unless the court decides otherwise for the child's interest.

Lastly, even if the mother re-marries, she does not automatically lose the custody of the child as per Article 152 of the Personal Status Law.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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20 Mar 2022, 09:27

This depends on whether you choose the law of your country or Islamic Sharia, which is the law of the state.

The law here gives the husband the right to take his daughter if the mother got married.

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