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How to get custody of children after my wife obtained khula?

Dear Sir/Madam,

We are both Muslim and from Pakistan. My wife obtained khula in January 2023. We have one daughter who is 3.5 years old and one son who is 1.5 years old.

My ex-wife is now living with her boyfriend and is not remarrying because she is afraid of losing custody of the children.

Can you please advise me on what I can do to get custody of the children?

Thank you!

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Ahmad Amiri

Amiri Advocates & Legal Consultants

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17 Jun 2023, 11:11

Dear Questioner,

You have to prove that your ex-wife lives with a man outside of marriage and file a case to drop custody of her, and you take custody.

17 Jun 2023, 11:29

1. Sir, if she remarries, what are the chances that I will get custody?

2. She has put her videos on TikTok which are immodest. Can we fight the child custody case on the basis of these videos?

3. Can we request the judge to have her psychiatrist test?

4. She is keeping the children in a very small house. Can we request the judge to send somebody to visit the kids and their condition?

18 Jun 2023, 09:24

1) Her marriage strengthens your position, but the judge decides based on what is best for the children. And you must have a woman in your house: a wife, mother, sister, or maid. If there is no woman in your house, your position will be weak.

2) No, unless she is naked.

3) Yes.

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