Is Custody Given to the Most God-Fearing of the Relatives

Question:
He says: Honorable Shaykh, may Allah grant you success, is it correct to say that custody belongs to the one who is more pious among the relatives, provided the other conditions are met?

Answer:
Custody is not lost except by open sinfulness. As for being more pious, that does not deprive him of his right. Being more pious does not deprive a person of his right. If someone says, "This one is more pious so-and-so," no, it is not lost except by open sinfulness or disbelief. Fathers are more eager to protect their children, even if they are open sinners. Ibn al-Qayyim says that fathers are more eager, even if they are open sinners, more eager for their son and more protective of their son. It has not been established that children are taken from their fathers, even if their fathers commit some sins. This has not been established in Islam. The father is more protective of his son and more eager for his interests, even if he is an open sinner. Yes.