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Is the father entitled to claim custody of his 4-year-old son, despite his travel abroad and the absence of anyone to care for the child, and the stepfather's agreement to the child remaining with the divorced mother?

1 min readAlso available in العربية

If the father is more entitled to custody, it transfers to him even if he travels occasionally, provided there is a woman with him who undertakes the child's custody. However, if he has no one to undertake custody, and there is fear of the child being neglected, and no other rightful claimant exists, then the mother is more entitled to it, especially with her husband's consent. The matter should be referred to the Shariah court.

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

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