Custody status when both parents move to the same location.

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 3

Open in Qurani

Primary text

If both parents move to the same location, the mother remains in custody. Similarly, if the father takes the child due to separation and they subsequently reunite, custody returns to the mother. Any woman who has the right to custody besides the mother, occupies the mother's position. Any male relative (Asabah) entitled to custody besides the father occupies the father's position when the primary figures are absent or ineligible.