[Q-ID0658] Me and my wife have divorced, who should have custody of our 12 year old son and 10 year old daughter?
Question
What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: I divorced my wife six months ago. I have two children; one son aged 12 and one daughter aged 10. The question is who should take custody of the children? Currently, the children stay with their mother, but I want to take custody of the children.
Answer
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
In the case in question, the children will be given into your custody. This is because a boy remains under the care of the mother until the age of seven and a girl remains under her care until the age of 9. After this, a boy remains in the custody of his father until he becomes Baligh (the age of puberty stipulated in Shari`ah) and the girl remains in his custody as long as she is unmarried.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
Answered by Mufti Fuzail Sahib
Fatawa no: kan:11967
Date: 11 Muharram ul Haram 1438 / 13 October 2016
Source: Dār al-Iftā Ahl al-Sunnah (Da’wat e Islami)
Also see:
[Q-ID0657] If I give my wife divorce who should get custody of my 3 year old daughter?
