Considering the Child's Interest in Disputes over Custody

We begin, O Shaykh, with a letter from Ahmad Dhiyaf Hussein of the Iraqi Republic, Nineveh Governorate, Al-Qa'im District. The listener Ahmad says in his letter: My paternal uncle passed away, leaving behind a daughter. She and her mother remained in the house after his death. After his death, his wife married a man who is a stranger to my tribe and not one of my relatives. She took the girl with her and did not give her to me, even though I am the closest relative to her. So I went to the Sharia court, filed a complaint, and a trial was held between me and the girl's mother. The judge gave the right to the girl's mother. Is this correct? I ask for a quick solution, and thank you. May Allah prolong your life.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, and upon his family and companions, and whoever follows their guidance. As for what follows:
Custody of young children, both male and female, generally revolves around safeguarding the child's interest, whether that interest lies with the mother or with the guardian from the father's side. The judge is the one who examines these matters and assesses the child's interest. The case you mentioned, O questioner, in which your paternal uncle passed away leaving a daughter, and her mother married, and the judge saw that it is better for her to be with her mother, is among the custody matters in which the judge looks and considers what is best. If the judge sees that it is best for her to remain with her married mother, there is no harm, and this takes precedence over her paternal uncle, indeed over her maternal uncle, and indeed over her father, if the judge sees that her remaining with her mother is better than handing her over to her father, even if he were present. For example, if he had divorced her mother and was present, and the judge saw that handing her over to her father would not be suitable due to his open sinfulness and religious innovation, or similar reasons, or for other reasons. Likewise, a fortiori, if he sees that she should not be handed over to her uncle, grandfather, or paternal cousin. In any case, you should not be affected by this, O my brother, and you should have a good opinion of what the judge did, for he is, if Allah wills, successful; because her being with her mother has many benefits, especially if her husband is good and no harm is feared for her from him. Yes.