The Ruling on the Custody of a Fasiq Father’s Daughter with His Other Wife

The Shaykh : However, if the father is a fasiq (open sinner) and does not care, and he has a wife who is a co-wife to her mother, and it is not hidden what happens between co-wives, and he brings her to his wife, then in this case there is no doubt that it is harm to the daughter; she loses her mother’s tenderness and comes to the misery of her father’s wife. And if she has children with her father’s wife, he will prefer them over this daughter, so she remains constantly upset. These are matters that judges and rulers must not treat superficially. For example, saying, “A seven-year-old girl is transferred to her father absolutely?” No, that is a mistake, because the purpose of custody is to preserve the child, protect him, and raise him. Is the purpose to destroy him?
Therefore, some scholars held that the daughter remains with her mother until she reaches puberty, and some said until she gets married, because there is no doubt that no one is more tender toward their daughter than the mother. Yes, if we know that the mother is not fit for custody, then it is taken from her at that time. Yes.