Children & Divorce

As I have mentioned in the previous questions i'm going through a divorce. I have a son that is 1 yr and a half. My soon to be ex-husband said that once he turns 8 yrs old he can islamically take my son away from me. But I heard a fatwa once where the sheikh said that at that age the child has the choice. So can my soon to be ex-husband take him away from me in the future? What are my rights and my sons rights in this issue?

In the name of Allah Most Merciful Most Compassionate

I pray you are well and in the best of health and iman.

Just like you have the right now to take him away from his father until he reaches the age of seven. If you don't come to an agreement with your soon to be ex-husband, then Allah has given him the right to take his son at the age of seven under normal conditions if he insists. And until this time, he has the right to visit his son daily and because of this she may not travel with the child except with his permission. He has the duty to support him financially according to the Sacred Law standards.
With this said, it's best to come to an agreement because you both should want what is best for the boy, so keep that in mind and don't fall into the trap of using the child against the ex-spouse because that person will always be a parent to the child and should learn to love and respect both his mother and father. If you both don't teach the child to love and respect his parents then you haven't done your Islamic duty to the child and very well might be a reason for him to receive Allah's displeasure.

Your son has a right to be raised by his father as soon as he is old enough to need a man in his life, i.e. after the age of seven.

Your rights are that you will always be this boy's mother, thus he must always honor and be kind to you. You have the right to keep the young boy as long as a child needs his mother i.e. around the age of seven and during this time the father may not travel with the child except with the mother's permission. And when he goes to his father you have right to see him daily. And Allah alone gives success.