Here is how a Muslim woman get custody of her children after divorce
The mother has the right to live with the kids in their accommodation
I am a Muslim woman. A year ago, I signed a divorce agreement with my ex-husband, and I was forced to give up custody of my three children in exchange for my divorce. However, now I want to demand custody of my children, especially since I am not married. According to the Personal Status Law, do I have the right to file a lawsuit for custody of my children even though I signed a waiver of custody of my children? Do I also have the right to demand alimony and housing, knowing that I work and have a monthly salary? Please advise.
A. 1. You have the right to file a lawsuit for custody of your children even if you had signed a waiver because due to Article 153 of the Personal Status Law, Fosterage shall be reinstated to the one from whom it was forfeited whenever the cause of it has disappeared. But you have to take into account that the right of women to fosterage of a child shall end upon his reaching the age of eleven years, if a male, and thirteen years, if a female, unless the court deems that extending this age to the age of maturity, for the male, and up to her marriage, for the female, is in his/her best interest.
Moreover, conditions stated in Article 143 & 144 of the law shall be satisfied by the fosterer included:
Sound judgment
Having attained the age of maturity
Fidelity
Ability to raise the fostered child and provide for his maintenance and care
Safety from dangerous contagious diseases
Not previously condemned for a crime against honour.
If a woman: she should be not married, in a consummated marriage, to a man not related to the fostered child, unless the court decides otherwise in the interest of the child. And to be of the same religion as the fostered child, with due compliance with Article 145 of this Law.
2. The father or another tutor of the fostered child must look after his affairs, discipline, orientation and education. He has to provide the custody accommodation with its untilitiy bills in case the mother is in charge of custody. The mother has the right to live with the kids in their accommodation.
But regarding the request of a separate rental and personal custodian alimony for the mother, the court will decide about it taking into consideration what is stated in Article 148 of the law that (Whoever is in charge of the fostered child’s alimony must provide the rent of a dwelling for a woman fosterer unless the latter owns a dwelling in which she resides or affected for this purpose. The female fosterer is not entitled to remuneration if she is the wife of the fostered child’s father or is in her waiting period during which she is entitled to alimony from him.)
