Who has more right to the custody of the child after divorce: the mother, who will travel to another country to live with her family, or the father?

Women have a greater right to custody than men, because they are more compassionate and gentle in raising children. The mother has the primary right to the custody of her child as long as she does not marry and fulfills the conditions, such as being of sound mind, free, just, capable of fulfilling her duties, and not married to a foreigner. Custody is forfeited if a condition is lost, and it returns when the impediment is removed, while observing the best interest of the child in custody. The duration of custody continues until the age of discernment and self-sufficiency (7 or 8 years). Regarding the effect of travel, if one of the parents wishes to travel with the intention of returning, the resident parent has a greater right. If the travel is for permanent settlement and the country or road is dangerous, the resident parent has a greater right. However, if the travel is safe for permanent settlement, the father has a greater right than the mother. If both parents travel together to the same country, the mother retains her custody.

After the custody period ends, the guardianship period begins until puberty. Women have a right to the guardianship of minors, especially the mother and grandmother. Scholars have differed on who has the greater right to guardianship in case of dispute: the Malikis and الظاهرية (Zahiris) believe the mother has the greater right, while the Hanbalis give the male child a choice and believe the father has a greater right to the female child. The Hanafis believe the father has a greater right to the male child and the mother has a greater right to the female child. The most preponderant opinion is to give a choice if both parents fulfill the conditions.