To whom does child custody devolve if the wife goes to her family's home without a divorce (ḥard), and does the wife obtain custody if she resorts to the judiciary without a divorce?

A wife leaving her husband's house without his permission is considered an act of defiance (nushooz), and the husband has the right to abandon her. The wife does not forfeit her right to custody of her children merely by her act of defiance and before divorce; custody is a shared right of both spouses as long as the marital bond exists.