Q: Does a remarried divorcee have a right over her children from the previous marriage? The former husband claims that she waived her custodial rights by remarrying — and that the boys will remain with him.
Haamidaw wa Musalliyaa
According to the Hanafis, the right to the custody of the girl from the age of 10 and the boy from the age of 8 is that of the father. If the father is not capable in terms of Shariah to have custody of the children then the right to custody passes on to other paternal family members.
According to some Mazhabs, the child will have a choice at the age of bulugh (puberty) as to who he/she wishes to stay with.
And Allah Knows Best
M Mangera (Mufti) & S Jakhura (Mufti)