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Does the father have the right to custody of his daughter after returning from a 12-year absence, and can he travel with her to his country of residence, and what should the mother do to be able to see her daughter after custody transfers to the father?

1 min readAlso available in العربية

When a couple separates, the custody of young children goes to the mother, unless there is an impediment with her. Scholars have differed on the age at which custody ends. Some are of the opinion that a girl, after the age of seven, should be with her father, while others hold that she should be given a choice.

The custodian is not allowed to prevent the other party from seeing the child.

Scholars have also differed on who has a greater right to custody when one of the parents moves to another country.

In cases of dispute regarding these matters, recourse should be made to the Sharia court, as a judge's ruling resolves disagreements.

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

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