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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?

1 min readAlso available in العربية

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 Sharia courts.

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

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