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Can I get my child

Q:

Asalamalakum,

I had a question which I needed clarification on regarding child custody after divorce. If, a husband has been unfaithful, married for the green card, and has not provided for the family, is there any fault on my part if I get sole custody which implies that he has no say in the children’s decisions. With this being said, I am not denying access to the children but in a supervised manner since he was removed from the house due to suspected child abuse. This led to our divorce. He also had a violent temper, which includes throwing household items. I would like clarification on the ruling for this. Thank you in advance. Wasalam

A:

Al-Salam Alaykum

If living with father harmful the children and it is better for the childe to live with the mother, mother can have the custody of the children. but if he is not a good husband but he is a normal father and there is no harm for the child you can not deny his custody and he is his Islamic Wali.

best regard