Custody of children
Q: I am divorced. I became unemployed and was unable to provide the total maintenance for my son every month. As a result in a 3 year period I am at least 1yr behind on his fees which was his right on me to provide for him. He is now 6 years old and his mother remarried to a non mahram. I only got to see my son as his mother wishes. Mostly Sundays maybe sat nights and Wednesday. I feel this is not nearly enough time. My son can feed clean and clothe himself. I want him to come and live with me and he wants to come and live with me and he expresses it. His mother says because I owe her for his maintenance fees she is with holding him. She does not want him to come with me and threatened to leave the country with her new husband to stop me from having him. Islamically can she deny my right of custody because I owe her? Does my son have a right to be with me if he wants? I need advice and rulings. I realize this is very technical. I owe her money for my son’s maintenance, mother is remarried. I want to have my son; son wants to be with father. Mother does not want father to have son.