Custody of children

Child born out of wedlock

Q: I'm hoping you can shed some light on this matter, nonetheless I have a daughter out of wedlock. Her father is Christian. I withheld visitation because I know I've committed a major sin. I've repented and I'm still doing it, anyway is it permissible for him to see and be an active role in her life? I don't know if there's anything I can do because he took me to childrens court. So she goes to him every Sunday. He feeds her food out of their house and they are pork eaters even though I send her lunch and snacks with. He even gives her food out of other Christian peoples house. I once saw his cousin's husband kissing her on her mouth. Any advice will be appreciated.

Custody of children after divorce

Q: I am a divorced woman with two minor children. I had been through a difficult marriage wherein I was physically, verbally and mentally abused. Presently my children are with me. My ex-husband and his parents are demanding that I send my children to spend the day with them or allow them to take them for a drive or shopping etc. Due to my history I`m not happy with this. They claim that I am depriving them of their Islamic rights. Can Mufti saheb please advise us with the shar`i ruling in this matter?

Custody of a daughter

Q: My wife has asked for khula. My child is 10 months old but not breast feeding. My wife ran away from home 3 months back in the morning at 4am without my knowledge. On finding out she was at her parents house and I involved our community to sort this dispute out. She had the condition I get a separate house which I did but she still refused to come. She has been proved before the community that she has been lying and also on one occasion she stole my documents which were confidential, she took this documents away from me without my knowledge. My main concern is the welfare of my baby and further more with all this kind of attitude of lying and stealing my daughter may develop this kind of attitude. I want advice on the custody of my daughter, can I get my daughters custody under such a circumstance having have proved that she has been lying to an extend stated in the letter of khula is that she wants a separate house and that I have refused which is also a lie and the community members are a witness of the same. She also ended up stealing from me. Please help me and advise.

Custody of children

Q: I have a few questions. My one son is 7 and the other is 2 and the mother has taken them away from me and moved far away where I cannot get to see my kids. The mother has moved away with both kids and is currently staying at her parents they are staying 400km from me and I find it hard to travel all the time its a costly factor as well and I do work and also the last I have seen my kids was 4 month ago. She took the kids and moved away without my permission. Majority of the day she's out of the house at work like 9 to 10 hours a day which her mum feeds, dress and take the kids to school. She is also working with non mahrams and likes to socialise with them. She also banned me from going down and seeing my kids and from phoning them. I'm not sure I can't judge but maybe she can be also involved with someone. She's telling people that she can't give me custody of my 7 year old son because there is no one to take care of him as my mother is old 75 years of age but I know my mother will take care of him because she is looking after other 7 grandchildren she feeds them take care of them some are also married today and there's also my elder nieces that are at home so when I'm at work there's always elders at home. So mufti saab how do I go about all this? If I remarry what will be my custody? The mother sits on her phone the whole time whatsapp, bbm, twitter, wechat and has very bad influencing people, friends which are divorced as well. They are far away from me 400 km distance.

Custody of children

Q: When a man has divorced his wife and they have children so the small children are by the wife. However, he is allowed to visit them. But the problem is that the husband wants the children to spend the weekends by him i.e. that is he wants them to spend the nights as well by him on Friday and Saturday. But the wife says that they may only spend the days a the husbands home, not the nights. Is it correct for the wife to say so? 

Mother refusing to handover custody of the children to the father

Q: According to Islam when parents are divorced, the father acquires custody of the kids when the boy is 7 & girl is 9. What if the mother does not want to let the kids go to the father (who is remarried)? The mother (not remarried) works full day and is away from the kids for 11hours a day. How can the father obtain custody?

Custody of children after talaaq

Q: This is regarding child custody post talaq/khula. From my research I have been able ascertain that the children are eventually given to their father. My question is, do the children have any say in this? Will they be asked with whom they wish to live with? My sisters husband has an extremely good reputation outside the house, however at home his wife and daughters are terrified of him. My sister does not wish to abandon the kids by taking khula. How does islam tell us to approach this situation?

Custody of children

Q: I wish to know as to whether a father who is entitle to custody in terms of Islamic Law of his children girls ages 15 and 13 respectively can make a following condition as his wife who wants to divorce him and refuses to give him custody of the children. The condition being that should she remarry the custody of the children shall revert to him?

Right of custody if the mother remarries

Q: Does a remarried divorcee have a right over her children from the previous marriage a lady got her marriage dissolved and her boys were left with her former husband (who is their father) and later she remarried. Now she wants her boys back, and says the shariah supports her on this – but the husbands claims that she waived her custodial rights by remarrying -- and that the boys will suffer under their step father.