To whom does the custody of a 3-year-old child go after the parents' divorce? And will the child see his mother if he chooses his father? What is the ruling if the father wants to take the child from his mother before offering him the choice between them?
The custody of a young child belongs to his mother, unless there is a legitimate impediment. She has the primary right to custody over others, by the consensus of scholars. If the child reaches the age of discernment, he is given a choice between his parents, provided he understands the reasons for making such a choice. Otherwise, this decision is deferred, and the matter rests on the discretion of the judge. The father does not have the right to take the child before this point without the consent of the one who has custody. In case of dispute, the matter should be referred to the judiciary. It is not permissible for the custodian to prevent the other party from visiting the child.
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