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The question

Does a husband have the right to custody of his children while he is abroad, knowing that he married another woman without his first wife's knowledge, and that he divorced her with an irrevocable divorce of lesser degree, and then prevented her from seeing her children?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

We advise you to reconcile with your husband. If the divorce has not taken place, then your husband erred by lying to you about his second marriage, even though he is not obligated to inform you. If your 'iddah (waiting period) ends after your divorce, then it is a minor irrevocable divorce (baynunah sughra). As for custody (hadhanah), you have a greater right to the children unless you remarry or they reach the age of seven. In the event of you moving to another country, some scholars hold that the right to custody is forfeited, while others do not hold this view if you return to the country of marriage. We believe that an infant should not be taken from its mother due to the harm this would cause both of them. It is best to consult the Sharia court to determine the children's best interests.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
96426
Imported
Translation status
Source text, unreviewed
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