rights over lovechild

Question ID: 30926

Asalamualykum Mufti
A man and woman who are both married have an illicit relationship. Both parties repent and have no comunication. 9 months later a boy is born out of this haraam relation. Subsequently 18 months later the woman of the affair and her husband are divorced. In terms of shariah who will take custody of the child? who will be responsible for maintanance of the child? Does the man of this affair have any right over the chil
The man in the divorced couple is legally claiming custody for the child. Can the biological father of this child step into this legal matter to claim custody.
Please advise the best in terms of what the biological father should do in this situation.

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Asked on November 16, 2012 12:05 pm
Private answer
The child belongs to the husband and wife not the 'biological father' who has no rights on this child.
Custody belongs to the mother until 7/15 - daughter/son as the case be then to the father.
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Answered on November 16, 2012 12:05 pm