Does custody of the children – a 9-year-old girl and a 5-year-old boy – go to the father if the mother remarries and their maternal grandmother is divorced and unable to care for them?
If the mother of the children marries a foreigner, she has no right to custody. Custody transfers from the mother to the maternal grandmother. If she is not fit, then to the paternal grandmother, or the maternal aunt, or the father, according to the sayings of scholars. According to the Hanbalis, the father is given precedence over anyone other than the mother, or the mother, then her mothers, then the father, then his mothers. Scholars differ on the age at which custody ends. Some are of the view that the girl remains with her father after the age of seven, and the boy is given a choice, while others believe that everyone should be given a choice after the age of seven. To resolve disputed custody issues, recourse must be made to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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