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The question

Is the custodial mother entitled to claim custody of her daughter after her marriage and divorce from the father, who also remarried?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The mother has the primary right to custody as long as she does not remarry, based on the Prophet's (peace be upon him) saying: "You have more right to him as long as you do not marry." If the mother remarries, her right is forfeited and transfers to her mother (the paternal grandmother of the child), then her mother's mother, then her sister, then her maternal aunt, and so on. Women are given precedence over men in custody unless there is an impediment. After that, the right transfers to the father. Therefore, if the daughter's mother's right is forfeited and there is no one with a greater right to her than you, then custody becomes your right.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
78463
Imported
Translation status
Source text, unreviewed
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