Custodial battle

[Umm Khalid06]

sister and brothers
I have been having a little problem with my baby boys father well I don’t let him take him home to his house but only spend time with him . Then he’s family is saying that they are going to go for Custody battle though I have other problems I don’t now what to do:?
if anyone knows what i should do or what islam says about Custodial battle :?

 

[جوري]

what country do you live in? in the U.S about 90% of custodial battles I believe end up in the mother's favor... usually children end up with the mother... I'd think even more so by Muslim law... but I don't think anyone rules by that anymore....
I am really sorry to hear of your troubles

 

[snowdropjasmine]

i think sis its the same here in the uk moms got more Chance of wining but am still so terrified of anything that might come out of it. And he is a Muslim so his family are saying they are doing the Muslim way which I don’t know.
:? so I was asking what Muslim law says about custodial battle:? .

 

[snowdropjasmine]

thats for lilly_rose

 

[Umm Khalid06]

i think sis its the same here in the uk moms got more Chance of wining but am still so terrified of anything that might come out of it. And he is a Muslim so his family are saying they are doing the Muslim way which I don’t know.
:? so I was asking what Muslim law says about custodial battle:? .

thanks sis for wording what i was asking ;D ;D and sis pm me

 

[Snowflake]

In Islamic law the mother has more rights to custody of children.

read more here: http://www.islamonline.com/cgi-bin/news_service/fatwah_story.asp?service_id=288

In the UK the key principle is the welfare of the child. So custodial rights can swing any way.

 

[Woodrow]

Much of it will depend on the country you live in. In Western Countries secular law nearly always will have prcedence over religious law, unless all parties agree to abide by the religious law.

My youngest daughter lost all parental rights of her 2 oldest children after her divorce, although she won the divorce case. She had reverted to Islam after her divorce and when the custody battle came up she was Muslim. The judge ruled in the ex-Husbands favor stating that my daughter would not be able to provide adquate "religous training". The good part is both of those children are now grown teenagers and have reestablished contact with my daughter and have severed all ties with their father.

 

[Umm Khalid06]

thanks wow i don't think i can live without my son for a day:heated: .
what does mother has more rights to custody of children is that in islam but the fact is we where not married so what does islam say about that them:?

 

[glo]

I'm sorry to hear that, Lilly Rose!
I thought your baby's father wanted nothing to do with your son! :rollseyes

I agree that custody goes to mothers in a large majority of cases ... in fact I found some statistics just on that topic in another thread a while ago.

Does it have to come to a custody battle?
Can you not find a compromise?
I guess he does have a right to spend time with his son, and you may need to have very good reasons (i.e. for the baby's safety etc) before you can deny him to spend time with his son alone.
Family courts will sort that sort of thing out.

Can you explain why you don't want the father to take your son to his house? It's his son too, you know ... whether you like it or not. :rollseyes

Sorry, if that sounds harsh ... :uhwhat

Peace.

 

[DigitalStorm82]

I'm guessing the father is not muslim?

One reason to keep him from his father would be to minimize the non-islamic influence.

 

[glo]

I'm guessing the father is not muslim?

One reason to keep him from his father would be to minimize the non-islamic influence.

I'm afraid that won't be reason enough for the British courts ...

Edited to say:
Now I think about it, I seem to remember that the father of Lilly's baby is a Muslim - in fact I seem to recall that it was he who brought Lilly to Islam ... but I could be wrong ... :?

 

[Mezier]

May Allah help you and your children and keep you on the right path.

 

[doodlebug]

Much of it will depend on the country you live in. In Western Countries secular law nearly always will have prcedence over religious law, unless all parties agree to abide by the religious law.

My youngest daughter lost all parental rights of her 2 oldest children after her divorce, although she won the divorce case. She had reverted to Islam after her divorce and when the custody battle came up she was Muslim. The judge ruled in the ex-Husbands favor stating that my daughter would not be able to provide adquate "religous training". The good part is both of those children are now grown teenagers and have reestablished contact with my daughter and have severed all ties with their father.

That's complete religious discrimination! Did she bring it to a higher court? I would have!

 

[glo]

That's complete religious discrimination!

I agree

 

[Umm Khalid06]

I'm sorry to hear that, Lilly Rose!
I thought your baby's father wanted nothing to do with your son! :rollseyes

I agree that custody goes to mothers in a large majority of cases ... in fact I found some statistics just on that topic in another thread a while ago.

Does it have to come to a custody battle?
Can you not find a compromise?
I guess he does have a right to spend time with his son, and you may need to have very good reasons (i.e. for the baby's safety etc) before you can deny him to spend time with his son alone.
Family courts will sort that sort of thing out.

Can you explain why you don't want the father to take your son to his house? It's his son too, you know ... whether you like it or not. :rollseyes

Sorry, if that sounds harsh ... :uhwhat

Peace.

Though I was scared at first when I went to court ok we have a case though the father of my baby does not went nothing to do with my boy his family do. What I know about his family is a friend of the family told me is his father just come make from his country and suddenly he went his grandson so what might be happening am so scared of his that they went to get custody of my boy and take him to their country which is bit stupid . My brother his fighting this for me his friend is my lawyer he say’s they will not win.

I do let my baby’s father visit him but not take him home because an scared I will never see him again coz they are very looked up people I don’t know what to expect from them.

 

[glo]

Though I was scared at first when I went to court ok we have a case though the father of my baby does not went nothing to do with my boy his family do. What I know about his family is a friend of the family told me is his father just come make from his country and suddenly he went his grandson so what might be happening am so scared of his that they went to get custody of my boy and take him to their country which is bit stupid . My brother his fighting this for me his friend is my lawyer he say’s they will not win.

I do let my baby’s father visit him but not take him home because an scared I will never see him again coz they are very looked up people I don’t know what to expect from them.

What a strange situation - the baby's father isn't really interested in the baby, but his family are?? I can't see that they have much ground for custodial rights ...

Lilly, I really feel for you!
A 'secret' pregnancy, giving birth, your father dying, you moving house and a court case ... that an awful lot of stressful situations to cope with in a short amount of time!! :uuh:

You must be one tough cookie!!! ;D

 

[جوري]

lilyrose can you get an imam to speak on your behalf to his family? so that you can work this out without legal proceedings.... I believe so much of this is due to miscommunucation between the parties involved... if everyone presented their postion in a civilized manner maybe things won't spiral to the point where everyone is throwing a temper tantrum for custody? try to have a positive religious person from your local mosque intervene or open a dialogue between all of you... perhaps inshallah all of this can be worked out...
I am thinking of you
waslaam