Can a divorced mother retain custody of her children after remarrying, or does custody transfer to the father?
The mother has a greater right to the custody of her young children (those who have not reached the age of discernment) as long as she does not remarry. If she remarries, custody reverts to the father. If the children reach the age of discernment, they are given the choice between their parents, provided that both parents are equal in their religiosity and uprightness. However, if one of the parents is of poor upbringing or lacks religious commitment, custody will not be granted to them, because the welfare of the child takes precedence. This is supported by the Ahadith and the rulings of verified scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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