Fathwa, - Divorced father's right to see his ..

Question
Salaamu aleikoum, I have a daughter from previous marriage who is now
14. She's been living with me in my care for all her life. I was
Islamically married to my ex, but he never married me in the civil
manner. It wasn't a good marriage, but I don't go into details
publicly. He didn't sign her birth certificate aknowledging he is the
father. We got divorced when my daughter was 1yr. He hasn't given her
her rights as far as maintence, affection, etc. He's only seen her 4x
in her life, and calls once a year. He mostly wants to talk to me.
he's been more interested in what I'm doing, than her. 5yrs after the
divorce I remarried then moved to a Muslim country. He knew about this
and has no problem with it. During his calls, he wants to talk to me,
asking about my life and demanding to take her for the summer. I've
told him I rather him talk to my husband or directly to our daughter.
I give daughter the phone. He makes her all kind of promies but yet to
fulfill them. I have no problem giving him his right to relationship,
but I think he needs to take baby step and prove himself1st. Start by
calls, visits before demanding to take her. So I am asking, is it his
right to take her )out of the country( for visits, while he really
isn't doing his duty? What should we do, to make sure everyone is
getting their rights? BarakAllahu fikoum
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,
is His Slave and Messenger.
Scholars held different opinions regarding the custody of the daughter
after the age of seven. Some of them view that her father is entitled
to her custody if he is eligible for that. Others believe that she is
given the choice whether to live with her father or mother. In any
case, whoever has the right to custody from both parents does not have
the right to prevent the other from seeing the child. The father's
being negligent in his duty to spend on his daughter does not waive
his right to see her and to her kind treatment towards him.
There is nothing wrong if the girl travels with her father to his
country as long as the journey is safe; otherwise it will not be
permissible. Accordingly, such issues need an Islamic judge to decide
what is good for the child. We advise you to refer your cause to an
Islamic court; and if that is not possible )in case you live in a
non-Muslim country(, then refer it to the Islamic Centers. Allaah
Knows best.