If divorce occurs, who has custody of the children?
Machine translationRead the Arabic original
Question:
May Allah reward you, Your Eminence, father. The questioner says: If the divorce is finalized, who has custody of the children? And are the adult children given the choice to stay with one of them?
Answer:
Custody belongs to the parent who protects the child and safeguards him. It is with the one who safeguards the child in his custody, meaning he protects him, safeguards him, disciplines him, and educates him. However, they said that if the mother is righteous and acts in the child's interest, custody is hers until she marries. If she marries, her custody ends with her marriage. The Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2276Hasan (Al-Albani) Yes.
May Allah reward you, Your Eminence, father. The questioner says: If the divorce is finalized, who has custody of the children? And are the adult children given the choice to stay with one of them?
Answer:
Custody belongs to the parent who protects the child and safeguards him. It is with the one who safeguards the child in his custody, meaning he protects him, safeguards him, disciplines him, and educates him. However, they said that if the mother is righteous and acts in the child's interest, custody is hers until she marries. If she marries, her custody ends with her marriage. The Prophet (peace and blessings be upon him) said:
You have more right to him as long as you do not marry.
أنت أحق به ما لم تنكحي،
Source
قناة «العلامة الدكتور صالح الفوزان»، [2133- 4717] إذا حصل الطلاق لمن تكون حضانة الأطفال؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.