Khul'a and children being divided

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Khul'a and children being divided

Q: After Khul'a the couple are no longer married, what is the ruling on the children being divided between the father and mother when they reach the age of seven or if the mother remarries?

Ans: In general, custody cases are decided as follows:

I): Young children (boys till 7 and girls 9 or age of maturity) stay with the mother provided she doesn’t re-marry someone else .

II): If she remarries, a very close female relative on the mother side like her unmarried sister or her mother is given the custody. If no one is there, custody goes to the father.

III): Boys at the age of 7 are given choice; either to remain with the mother or with the father whoever gets the custody, the other partly got the right to have children time to time with the mutual agreement. For example father keeps them at weekend if they choose to remain with their mother or vice versa.

IV): Eventually father has to take the responsibility of maintaining the children, getting them married and this is why the custody of girls must go to him after they attain the age of maturity. The mother can help the children if father agrees to it.

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