Does a divorced mother who has remarried, and whose son's father has passed away, have the right to claim custody of her 8-year-old son or to demand longer visitation periods than two hours every 10 days, especially with the paternal uncles claiming the existence of a medical report proving the child was subjected to sexual abuse during a previous visit with her?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The mother's custody is forfeited upon her marriage and transfers to the next eligible custodian. The mother does not have the right to claim custody if another custodian who meets the conditions is available. The mother has the right to visit her son, and the custodian should not prevent her from visiting, as that would constitute severing kinship ties. As for overnight stays, it is the right of the person who has custody; if they permit it, there is no objection, otherwise, it is their right. In case of disagreement regarding visitation, the matter should be referred to the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/71743
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 71743
- 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