What is the ruling when one party chooses a custodial arrangement and then the other party chooses another arrangement?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
When one custodian is chosen and possession is handed over, and subsequently the other custodian is chosen, possession must revert to the second custodian. If the first custodian is chosen again, possession returns to them. This process continues indefinitely because this choice is based on desire (shahwa) concerning the child's best interest at that moment, similar to preferences in food and drink. The parent might prefer staying with one custodian at one time and the other at another time, or prefer equality in time spent with both.