Custody of children
Custody of children : It is obvious that children are the first and main victims of family disputes. But it is interesting to know at the very beginning that the law does not provide a definition about the right to custody of children. Only in Article 1168 of the Civil Code, the legislator has given custody in two forms and has made it both the right and the duty of the father.
Custody in the word and custom means care, protection and maintenance of a child. Of course, note that custody is different from guardianship, guardianship, and guardianship. The defined tasks for them are also different. In this discussion, there are various issues that you can contact with the best divorce lawyer in Tehran and other cities through communication channels if you want guidance and advice about them.
What you will read in the rest of this article
Custody of children
The right to custody of children in case of separation and divorce
The right to custody of children in case of death of one of the parents
Deprivation of custody of children from mother and father
Child custody laws
Custody of children
Children are the most defenseless people in a society. They need care from people like their parents. Therefore, in the light of protecting the rights of children and children, the law considers some cases for them in the form of the conditions of the right to custody of the child.
In other words, it can be said that the custody of a child is a right and at the same time a duty that the law assigns to the parents to keep the child. In general, the duty of keeping the children of the common life is the responsibility of the parents, although it is obvious that it is possible for them to undertake and carry out this duty individually by mutual agreement, which will be mentioned in the following. We will do it and stay with us.
The right to custody of children in case of separation and divorce
In this section, we want to examine one of the most important issues in the discussion of children’s custody rights. This is the issue of divorce and separation between men and women.
Husband and wife may live apart for any reason. But don’t divorce. Here, the custody of the children is with the mother until the end of 7 years. After that, it is up to 9 years for a girl and 15 years for a boy with the father. Therefore, even before divorce, petitions for custody, revocation of custody and visitation of the child are accepted in the courts.
Article 1169 of the Civil Code acknowledges in this regard: for the maintenance of a child whose parents live apart from each other, the mother has priority until the age of seven, and after that it is with the father.
The right to custody of children in case of death of one of the parents
In Article 1171 of the Civil Code, we read that in case of death of one of the parents, the custody of the children belongs to the other. Now we examine one of the conditions. We assume that the father dies. Who has custody of the children?
In response, we must say that after the death of the father, the custody of the child is with the mother. Note that if the child’s paternal grandfather is alive, the guardianship is with him. But custody is with the mother. The grandfather can deprive the mother of custody if he proves that her maintenance and care is not in the best interests of the child. In other words, he must be able to prove that the mother lacks the necessary qualifications. In this regard, Article 43 of the Family Support Law acknowledges: custody of children whose father dies is with their mother. Unless the court, at the request of the forced guardian or the prosecutor, finds that granting custody to the mother is against the interests of the child.
Deprivation of custody of children from mother and father
As we mentioned the meaning and conditions of the right to custody of children in this article, in this section we point out the cases that cause this right to be taken away from the parents. Or in other words, the cases according to which the law of parents is not suitable for the maintenance of children.
Article 1170 of the Civil Code: If the mother becomes insane or marries someone else while she has the custody of the child, the right of custody will be with the father. It can be concluded from this article that the mother’s insanity or remarriage deprives her of the right to custody of her children.
Article 1173 of the Civil Code: Whenever the physical health or moral order of the child is in danger due to the lack of care or moral degeneration of the parent under whose custody the child is, the court can request the child’s relatives or the guardian’s request or request The head of the judiciary shall take any decision he deems necessary for the custody of the child.
The following are examples of lack of care or moral degradation of each parent, which deprives them of the right to custody of their children:
Harmful addiction to alcohol, drugs and gambling.
Reputation for moral corruption and prostitution
Suffering from mental illness with a forensic medical diagnosis.
Abusing a child or forcing him to enter unethical jobs such as corruption and prostitution, begging and smuggling.
Repetition of assault beyond normal limits.
Child custody laws
In this section, as a final note, we would like to point out the cases that the law tells us about the right to custody of children, and we thank you for your cooperation.
Article 45 of the Family Protection Law: It is mandatory to respect the interests of children and teenagers in all decisions of courts and executive authorities.
Article 3 of the Law on the Protection of Adolescent Children: Any purchase, sale, exploitation and employment of children in order to commit illegal acts such as smuggling, is prohibited and the perpetrator, as the case may be, in addition to compensation for the damages, will be imprisoned for six months to one year or a fine of ten million rials to twenty million rials will be sentenced.
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