Does child custody transfer to the father if the custodial mother remarries? Does it return to her if the father remarries? Is it permissible for the divorced couple to agree upon the custody arrangement?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the female custodian (mother) marries a non-, her right to custody is forfeited, and custody transfers to the maternal grandmother according to the majority of scholars, or to the paternal grandmother according to some scholars, and to the father according to the Hanbalis. If the father marries, his custody is not forfeited. Scholars differed on whether custody is a right for the custodian or a duty upon them, and consequently, whether it is permissible to relinquish it. In cases of dispute concerning custody matters, the matter is referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/170936
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 170936
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy