Is it permissible to raise a child in partnership with the husband if he is among the people of innovation (Ahl al-Bid'ah)?

Custody is the mother's right after separation from her husband, unless there is a preventing factor. The husband's condition of waiving the right to custody in exchange for divorce is a matter of dispute, and the majority of scholars hold it to be invalid. The father has the right to see his son in a way that does not harm the child, and any dispute is to be resolved by the Sharia (definition) judge.