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Is the custody of the child for the mother or for the father if the husband divorces his wife of his own volition?

1 min readAlso available in العربية

If the son has not reached seven years of age, the mother has a greater right to his custody before marriage. Her right is forfeited after marriage, and custody transfers to the one who has a greater right to it. If no one is more entitled than the father, then he has a greater right to his son's custody if he has someone to look after his affairs; otherwise, the mother has a greater right. However, if the son has reached seven years of age or more, he is given the choice to reside with his father or his mother. There is no difference in this matter whether the divorce occurred due to a reason or a desire from the mother, or without reason or desire.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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