If a divorced mother demands her customary wage, does the father have the right to take the child to another nurse paid the customary wage or less?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If the mother is divorced and demands her customary wage, the father cannot take the child away from her to give him to someone else for the customary wage or more. However, if the father finds a willing nurse, or one who will nurse for less than the customary wage, he has the right to take the child from her, according to the apparent ruling of the Madhhab, because he is not obligated to bear the expense when the child's need can be met without it.
Supporting text
Abu Hanifa holds that if the mother demands a wage, the father is not obligated to pay it, but her right to custody is not forfeited. The wet nurse comes to nurse the child in her presence because combining both rights is possible, rendering the forfeiture of either right impermissible.