What are the conditions for a male child to be given a choice between custodial parties?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The choice for the young male child is subject to two conditions. First, both custodial parties must be qualified for custody. If one party is unqualified, they are treated as non-existent, and the qualified party is designated. Second, the male child must not be mentally incapacitated (*ma'tuh*). If he is incapacitated, he remains with the mother, and no choice is granted, as the incapacitated individual is treated like an infant, and the mother retains a greater right to care for her incapacitated child even after puberty.
Supporting text
If a previously sound child chose his father but subsequently lost his mental faculty, he must be returned to the mother, and his previous choice is nullified because the choice was predicated on his sound judgment and capacity, which has now ceased. The mother then has priority due to her greater compassion and capability in managing his affairs, mirroring her role during his infancy.