Unable to stay far from her husband until he gets custody of his daughter from his ex-wife
Fatwa No: 99910

Question

my husband has a daughter from his earlier marriage and she stay with his wife or his wife has custody of their daughter. my husband wants me to wait for him in another country till his daughter becomes 12years old and he can go to court and fight to be with him she is only 9years old now and we dont know how long court will take and what court will decide we live in america . he is saying because i gave birth to her she comes first and if he has to choose between me and her he will always choose his daughter. we dont have any children together yet. what islam say about this. i dont want to leave my husband and live in another country for years so he can wait and fight for his daughter only option i have is ask for divorce. i have to decide soon so please answer.

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

 

We do not understand clearly the relationship between the father of this girl in getting her custody and you going to another country. Nonetheless, we advise you to speak to your husband in a soft and nice manner and try to convince him to accept you to go and reside with him. If he agrees, then this is what is required, but if he does not and you fear to be harmed by residing in another country far from your husband, then you have the right to ask for divorce.

For more benefit on child custody in Islam, please refer to Fatwa 86053.

Allaah Knows best.

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