Who has more right to the custody of a child if the mother remarries? Is it permissible to deprive the father of seeing his son due to his irresponsibility? Is the mother sinful if she gives the child to his father against his will?

If the mother marries a foreigner, her right to custody of the child is forfeited, and custody transfers to the maternal grandmother. If she is not available, then to the paternal grandmother, or the maternal aunt, or the father. According to one opinion among the Hanbalis, the father is given precedence over others besides the mother. If the father is entitled to custody, can he relinquish it to someone else? This is a point of disagreement among scholars. If custody remains with the mother, she is not permitted to prevent the father from seeing or visiting his son. If the father is entitled to custody – and is fit for it – there is no sin upon the mother if she hands the child over to him. If he prevents her from seeing the child, or if a dispute arises concerning visitation or financial support, the Sharia courts are the ones that decide such matters.