What is the ruling on the custody of a child disputed between spouses, and to what extent does the mother's inappropriate behavior (such as smoking and neglect) and her relocation to a distant area affect her right to custody? Is it permissible for the father to take his daughter to his home country if he is unable to provide for her?
Custody belongs to both parents as long as they are together. If they separate while in the same country, the mother has a greater right to custody as long as she is fit for it. If the mother becomes immoral, she loses her right to custody. When parents separate into different countries, most scholars believe that the father has a greater right to custody, while some believe that the mother has a greater right if it is in the child's best interest. If custody is with the mother, the father may not move the daughter to another country without her consent. However, if custody is not with the mother, there is no objection to moving the daughter for a benefit, as long as the purpose is not to deprive the mother of seeing her daughter. The Sharia judge rules on disputes related to custody.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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