Is the grandfather entitled to take his granddaughter from her mother to raise her after two years have passed since the father's death and the mother's refusal to return to the marital home?
The mother has the primary right to her daughter's custody as long as she does not remarry. If the mother remarries, custody transfers to the next deserving person. The grandfather does not have the right to demand the mother's return to his house or to hand over the daughter to him on the pretext of providing for her, as the mother is the primary and most deserving custodian. The person responsible for the daughter's maintenance must deliver it to wherever the mother resides, as long as it is within the same city. The expenses of custody are to be covered by the child's own wealth; if the child has no wealth, then they are to be covered by the person responsible for the child's maintenance.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 88955
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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