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Rights of custody for the child Print E-mail
Question:
If a child's parents are divorced, at what age is it suitable for them to live with the father?

Answer:
Abdullah bin Ams bin Atas (RA) reported that a woman said:
'O Messenger of Allah. For this is my son, my womb has been a container, my lap has always carried him and my breast has been a feeder. His father now claims to take him away from me'. The Prophet (SAW) replied: 'You are more deserving to keep him as long as you don't marry.' (Ahmad, Abu Dawud).

Abu Huraira (RA) reported that the Prophet (SAWS) has given a lad a choice between his father and his mother. (Ahmad, Ibn Majah, Tirmidhi)

It is reported by Umarah Al-Jasmi (RA) that he said: 'Ali (RA) gave me a choice between my uncle and my mother and I was either seven or eight at that time.' (Al-Baihaqi)

Till the age of seven the mother has the sole right to have the custody of the child if she marries someone who is not related to the child, she loses her right in the custody. If the child were still under seven, he would be given custody of a female (preferably among the mother's relatives like his maternal aunt or grandmother). But if he is above seven, he is no more in need of a woman's care and he is to be in custody of the father. If the woman did not remarry, the child is given the choice to stay either with the father or mother. Whatever the choice he (the child) takes the other party will not be denied to see the child on a regular basis.
 
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