Mothers in such cases are advised to try to reach a compromise or agreement with your ex-husband’s family regarding the custody of the children, instead of going to the court. Let knowledgeable and helpful people interfere to arbitrate and clarify things for both of the two sides.
The eminent Muslim scholar, Sheikh Muhammad `Ali Al-Hanooti, member of the North American Fiqh Council, states: “When a woman wants to marry a man the custody of her children of ex-marriage has nothing to do with her interest or with anyone’s interest but the children’s interest. When the children are of the age, they are able to decide whom they can live with then their decision is considerable. That is impossible for the age 7 and below.
The family of their father has the right to protect their rights. If they don’t have a good reasonable objection, the judge will deny their request. I advise all the parties not to get into disputes, but they should focus on the future of the kids. There are many incidents that took place by stepfather in abusing or molesting children. We should have all the possibilities in front of us.
Mothers should try their best when you have a good reason for what you want to do to find knowledgeable and helpful people who can arbitrate and clarify things for both the two sides. You should do everything peacefully with the family of the children before you make any hint to going to court or any legal system.”