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To whom does the guardianship (custody and care) of two orphaned children—one four years old and the other two years old—belong if they have no paternal uncles, no paternal grandfather, and no paternal grandmother, but they do have paternal aunts and a maternal grandmother, with one of the paternal aunts desiring guardianship?

1 min readAlso available in العربية

If the father dies and the mother is not mentioned [in the question], then if the mother is alive, she has the most right to custody. If she is also deceased, then the maternal grandmother who is alive has the most right to custody. If the maternal grandmother waives her right to custody, then the paternal aunt has more right to it, provided there is no one else with a stronger claim. As for the management of the children's wealth, it belongs to whomever the father designated for that purpose. Otherwise, the local judge will assume guardianship over them.

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

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