Returning the matter of children's custody to the judiciary

In his final question, Ahmad ibn Muhammad al-Yahya asks: There are hadiths regarding custody in which the Prophet (peace and blessings be upon him) assigned the son to the father in one instance, to the mother in another, and in another instance made them equal, and in yet another instance allowed the son to choose. What is the correct opinion in this matter, meaning the stronger position?
Answer: These are matters of custody where there is scholarly disagreement among the scholars, and there are multiple hadiths regarding them. Therefore, they are referred to the scholar-judges who examine them when the incident occurs, based on what Allah guides them to, according to the apparent evidence, and according to the condition of the husband and the condition of the mother. The husband may be righteous and she may not be, or she may be righteous and more deserving of the children than he is due to his lack of righteousness. So these matters require consideration and care. It is better to leave them to the judges so that they may examine them at the time they occur. Yes.