A questioner asks: What is the stronger opinion regarding the custody of a child who can distinguish between good and evil and his choice between his parents?
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The questioner : May Allah reward you, O honorable Shaykh. What is the stronger opinion regarding the custody of a child who can distinguish between good and evil and his choice between his parents?
The Shaykh : We cannot answer this question because it is usually the case that a dispute arises between the mother and the father, and we cannot issue rulings on matters of dispute. To whom should one turn?
The student: To the judge.
The Shaykh : To the judge in the court. The judge may see that it is in the child's interest to remain with his mother, or he may see that it is in the child's interest to remain with his father. Therefore, we cannot issue a ruling on this. Yes.
The Shaykh : We cannot answer this question because it is usually the case that a dispute arises between the mother and the father, and we cannot issue rulings on matters of dispute. To whom should one turn?
The student: To the judge.
The Shaykh : To the judge in the court. The judge may see that it is in the child's interest to remain with his mother, or he may see that it is in the child's interest to remain with his father. Therefore, we cannot issue a ruling on this. Yes.