What is the ruling on child custody if the husband presents to the court a recorded voice confession from his wife admitting to her infidelity? And is it permissible for the husband to ask his wife to waive custody of their children in exchange for her divorce without informing her family about the infidelity?

Before divorce, custody is a shared right between the spouses. After divorce, the older children are given a choice between the mother and the father. The daughter, however, must remain with her father until she marries.

As for the one-and-a-half-year-old son, his mother has a greater right to his custody unless she relinquishes it or there is an impediment, such as her committing immorality or marrying a stranger to the child. In such cases, custody transfers to the next eligible person. If she repents from her immorality, custody returns to her. This right is not forfeited by her relinquishment of it; she can reclaim it whenever she wishes. The judge's ruling resolves any dispute.