Court update. 90 Day Fiancé stars Memphis Smith and Hamza Moknii are involved in a nasty custody battle over their baby, In Touch can confirm, and an insider reveals the latest update in the case.

“In July 2022, Mr. Mokni’s attorney secured an immediate court order granting Mr. Mokni monitored visits with the couples minor child,” a source known to Hamza exclusively tells In Touch. “As of today, and per Mr. Mokni’s post, it’s clear he has yet to exercise his visits with the minor.”

Memphis, 34, and Hamza, 26, have been hinting at their legal battle over their infant daughter in various posts via social media ever since the Michigan native confirmed their split in April. “Breast-feeding/breast pumping mamas!! It doesn’t STOP because we work, it doesn’t STOP so we can sleep and it definitely doesn’t STOP so we can play!” she wrote at the time while adding the hashtag, “single mom life.” That same month, Hamza appeared to relocate to Chicago.

In June, Hamza made his first mention about his estrangement from their daughter. “Today is Father’s Day. It would be the first Father’s Day with my daughter, we should be celebrating together,” he wrote via his Instagram Story. “I don’t know when I will see her. Every day I miss her. Today should be special but all I can do is patiently wait to see her again.”

Just two months later, his sister, Rawia Moknii, took to Instagram to seemingly confirm that her brother and sister-in-law had not come to an agreement when it comes to visitation regarding their child amid their split.

“I want to know something, is it normal in America when someone ignored a judge’s ruling because in Tunisia this exposes us to penalties [sic]. My brother suffers a lot and did not give up on seeing his daughter,” she wrote via Instagram Story on August 15. “Although the judge allowed him to visit, she prevent him and does not send us a picture or video of her. We have suffered a lot in our childhood and my brother cannot bear the separation of her daughter anymore.”

90 day fiance memphis smith hamza moknii custody battle
Courtesy of Hamza Moknii/Instagram

Hamza hinted at  their custody battle when he revealed his return to Michigan earlier this month. On September 7, Hamza took to his Instagram Story to share an update with his fans.

“I am happy today, very soon I will see my daughter. She is the light of my heart,” the father of one wrote at the time. “I love America. They have laws to help a parent who wants to see his daughter. It was not easy to be without her. Thank you for all of you who stood by my side. America has a lot of love.”

The former couple made their TLC debut on debut on season 5 of 90 Day Fiancé: Before the 90 Days. After meeting online and dating long-distance for eight months, the nurse practitioner documented her trip to Hamza’s home country of Tunisia for the first time in person. They tied the knot just several weeks after their first meeting. Shortly before Memphis was due to return to the United States, she learned she was pregnant and expecting baby No. 3 — her first child with Hamza. Memphis is also a mom to a daughter from a previous relationship and shares a son with her ex-husband, Justin Sandoval.

Have a tip? Send it to us! Email In Touch at