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Friday, September 26, 2008

Marital Dispute and Custody of Children

Q: My first wife left our marital home a few years ago, when I married my second wife. I have not divorced the first wife. We (my first wife and I) have 3 children, one son and two daughters. My son is 14 years and daughters are 12 and 10. Who has the right of custody of our children?

A: Since you clearly state that you have not divorced your first wife, your marriage is still intact. The question of custody only arises when a divorce takes place. In your case you claim you never issued a divorce, hence you have all the right over your children. As in a normal marriage you being the father have the right to custody. You may keep your children with you until your wife returns to the marital home, or, if you so wish, you may allow them to live with her. The choice is absolutely yours. Here the age of the children is not taken into account.