I got two boy babies 4 years & 1.3 years old. My wife demised on Oct 3rd 2013 due to blood cancer. My Mother in law is widow got 2 sons both are unmarried age 22 & 24 in that one is working in Chennai, and the other one working in Bangalore, she is residing alone all day time. My mother in law age 50 years (aprx) formed a Jamaat in her house which is in Bangalore to discuss about the children’s growth and wife’s property, in presence of family members from both sides, I took full responsibility of my both the children, I don’t want to break the relationship, let the children go and come with my elder brother in law who is working in Chennai, for that she agreed. Now she is telling I will take care of my elder son as per Shariah, you take care of younger one. My parents, sister, brother are alive and healthy. Her house distance is around 7-8 hours from my place Chennai. She is mentally disturbed by the death of her husband and daughter. I request your advice as early as possible with authenticate daleel and dawah.
بسم الله الرحمن الرحيم
In the case mentioned in the question, both your sons will be in the custody of your mother in law (their maternal grandmother) up to 7 of their age, and you will have to pay all their expenses. After seven years, you can take them in your custody.
Allah knows Best!
Darul Uloom Deoband