Fathers right to see his son
My friend is currently in prison for a crime he is appealing against. It takes time for a result but he has a 1 year old son. He has provided for the child as much as he can while in prison paying for his nursery fees, buying clothes, necessities etc. He has stated that he he wants to be in his child’s life regardless of the situation.
The issue is that his wife has now been told by her parents that she should divorce him and cut ties with him taking his son away and allow someone else to bring the son up and lie to the son about who his real father is. My friends family haven’t really been there for him supporting his wife and son while he’s in prison except his father. My friends wife doesn’t know what to do and is ignoring any attempts from my friend to see or speak to his son due to the stress from her parents.
Islamically can anyone stop a father from trying to be a father to his son and should the family lie to the child about who the father is?
Answer
Wa’alaykum as Salām wa raḥmatullāhi wa barakātuhu,
There are different issues regarding this, and we will address each separately:
- Under general circumstances, if the man is maintaining the child despite being in prison, then his wife cannot prevent him from have any connection with the child.
- However, depending on the nature of the crime and whether he is guilty or not, the wife will have the right of temporarily bar the child from the father until he has rectified himself.
- In no circumstance is it permissible to lie to the child about the father.
- If your friend or his father is maintaining the child, he will have visitation rights of the son until the age of seven, and thereafter he will get full custody, provided he has a clean record.
- If his wife marries another person before the son turns seven, she loses custody, and the father will get the full rights of custody, provided he will not negatively impact the child.