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Fatwa CenterA divorced woman asks whether or not her ex-husband is suitable for fostering the children
Question
Salam. I got divorced with 3 kids 5 yrs ago. a yr later I got remarried . all my X did was pray. he lied, cheated,burnt the house down after the divorce and prevented me from sending my son to memorize quran.he crashed into my car when he saw me and he acused me and my husband of abusing the kids so many times to get custody. after the divorce I had custody of the kids. a yr later alhamdulillah I got remarried to a very religious man who takes care of us. given the nature of the children's father... is it ok that I keet the kids custody after my 2nd marriage knowing that their father is now married to a non hijaby who tries to teach my daughter to idolize singers and not wear hijab and wear short skirts. the children are 7, 9, and 12. we live in different states, they go visit him and they say that they feel safe with me and they don't with him. he is teaching them to be materialistic and love money.please advise if I did anything wrong and what I should do to fix it. All I want is for my kids to go to janna, and I don't know if that is their father's worry.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The jurists 
stated that when a woman remarries, she loses her right in fostering the children and their fostering is transferred to the people who are more deserving of their fostering, like the grandmother of children from the mother’s side. Then the right of fostering moves gradually to those who have the right in their fostering. For more benefit, please refer to Fatwa 84618.
Therefore, if these children do not have a fosterer who more deserves to foster them than their father, then their father has the right in their fostering if he is not well-known for his dissoluteness to the extent that a person fears he may negatively affect the fostered children; if he is so, he loses his right in fostering the children.
However, it is not possible for us to know whether their father is not suitable for fostering his children and thus rule that he should be prevented from doing so. Therefore, it is better to resort to an Islamic centre in you country so that it can look to the situation of the father and decide whether or not he is worthy of fostering the children.
Allaah Knows best.
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