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Who should get custody

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By the book, the father always has "ownership"of the children, but it's haram (or is it makrooh?) to remove them from their mother under the age of seven years unless there are extenuating circumstances. However, by the book isn't applicable to every situation. 

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48 minutes ago, notme said:

By the book, the father always has "ownership"of the children, but it's haram (or is it makrooh?) to remove them from their mother under the age of seven years unless there are extenuating circumstances. However, by the book isn't applicable to every situation. 

- the child is under the custody of both the mother and father in the first two years, therefore it is haram for a father to seperate the child from his/her mother during the first two years

- after the two years is over, the father obtains full custody of the child. However, as per precaution, it is recommended that the father does not seperate the child from his/her mother until the age of seven.

- when the child is mentally mature, he/she is custody-free. Then he/she can choose to live with either parent and he/she can choose to live with anyone, but if his/her parents are distressed over him/her leaving them and due to that they demand he/she stays, he/she must obey their parents. If, say, the parents are seperate, and both of them are distressed and demand their son/daughter live with them, the priority is given to the mother.

Edited by E.L King

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@E.L King Thanks for the detailed response. I hope it is beneficial to the OP. This is per Sayyid Sistani? 

As I understand it, regardless of which parent the child lives with, the father is responsible for meeting financial obligations and ensuring that the child is educated. 

Are there exceptions where one parent is abusive, negligent, or irresponsible but still wants custody? 

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35 minutes ago, notme said:

@E.L King Thanks for the detailed response. I hope it is beneficial to the OP. This is per Sayyid Sistani? 

As I understand it, regardless of which parent the child lives with, the father is responsible for meeting financial obligations and ensuring that the child is educated. 

Are there exceptions where one parent is abusive, negligent, or irresponsible but still wants custody? 

Yes, as per Sistani.

The father is responsible for nafaqa, yes.

Perhaps there may be exceptions when it comes to irresponsiblity and abuse, but it is not clear from the books of Sayyed Al-Sistani. 

Edited by E.L King

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