[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?

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