The appropriate age of the child to choose custody
In many cases, when couples divorce and separate, they have a child or children. In cases where the parties do not agree on the custody of the children and how to maintain them, they must adhere to the legal provisions. In this situation, the court is used as a judge to decide on the conditions of custody of the children. But in this article, we analyze the age of the child to choose custody by parents, especially when the child is a girl and a boy.
Upon reaching the legal age, the child can decide for himself which of his parents to live with. Of course, it should be noted that the father is obliged to provide for the expenses and needs of the children as long as they are under the custody of the mother. Referring to Article 29 of the Family Protection Law, the court is required to make a decision on custody of children in all types of divorce cases. But in special circumstances, when couples divorce by agreement and have a daughter under 9 years old and a son under 15 years old, they must agree on the following:
Custody of the children: Which parent will have the right of custody of the children.
The amount of contact between the other party and the children: determining the amount of contact between the children and the parent who does not have the right to custody.
Payment of child support: The amount of child support that a parent who does not have the right to custody must pay to other children.
Maintenance amount: the standard amount that the parent who does not have the right to custody must pay to the other parent.
The best lawyers in Tehran emphasize that in determining the custody of the children, the court will consider the interests of the children. This is why, in the laws related to divorce and custody of children, custody is taken from the mother who remarries and is given to the father. But in consensual divorce with the agreement of the couple, the children can remain in the custody of the mother even after her marriage. These issues are carefully and efficiently examined and decided by the court.
Child custody after divorce
Child custody after divorce is a vital and legal issue that is important to many parents. This issue is especially important for couples who have decided to separate. Regarding the age of the child, it is of special importance to choose custody and determine the custodial parent. Child custody laws after divorce are usually determined by the government and society in cooperation with legal counsel.
After the couple’s divorce, the priority of taking care of the children until the age of 7 years is given to the mother. From the age of 7 onwards, the custody of the children is transferred to the father. Of course, it should be noted that in cases where the father suffers from addiction, mental problems, or bad behavior, the conditions of custody of the children after the age of 7 may be left to the mother. In other words, this custody will continue until the children reach maturity.
Finally, we must emphasize that parents can agree and adjust the custody according to their personal agreement. But they must carefully follow the legal regulations and prevent problems that may arise in determining custody. In certain cases, the law allows the right of custody to be taken away from either parent. These conditions may include things such as alcohol addiction, gambling and drugs with harmful effects, reputation for moral corruption, serious mental illnesses, abuse of children and forcing them to do inappropriate work, repeated assault with violence beyond normal limits, and The points are similar. These conditions are considered as a point of reference in determining the custody of girls and boys by the court and lawyers.
Age of the child to choose custody
The age of children is an important issue for choosing custody after divorce. Legally, the age of puberty applies to girls up to 9 years old and to boys up to 15 years old. With this in mind, there are various legal approvals regarding the choice of custody for children after divorce.
According to Article 1163 of the Civil Code, up to the age of 7, the custody of children after divorce is given to the mother. After this age, custody is transferred to the father. However, in the note of this article, it is stated that after 7 years of age, due to disputes, the court may decide to change the custody considering the best interest of the child. This article does not mention the gender of the children, so the rule is the same for the custody of girls and boys.
In the following, the age of male and female children is examined separately to choose custody after divorce. This category can have an important effect in determining the custody of children.
Age required to choose custody of a girl child
Regarding the custody of the children, the point that we should pay attention to is that the age of the girl child to choose custody depends on her gender. According to the country’s religion and laws, the age required to choose custody varies depending on the gender of the child.
Up to the age of 7, the custody of children, both boys and girls, is with the mother. After this age, until the child reaches the legal age, the custody of the male children will be with the father. But when the child is a girl, the legal age to choose her custody is 9 years. This is because girls reach the age of religious obligation and according to customary definitions, a girl child who reaches the legal age can choose to live with her father or mother.
It should be noted that this law is based on the greater dependence of the girl child on the mother and their need for maternal support at different stages of life.
Age required to choose custody of male
In this section, we are going to examine the age required to choose the custody of a male child by a father or mother. We appreciate you reading this article.
According to the definitions we presented in the article, the custody of the children until the end of seven years is the responsibility of the mother. After that, until the child reaches the legal age, the custody of the male children will be with the father. In the case of male children, the legal age to choose custody after divorce is 15 years old. This age usually coincides with the age of puberty in most countries. It should be noted that children do not have the right to decide where they live until they reach legal age. If a child, whether a girl or a boy, is under the care of one of the parents and has the necessary evidence, he can file a complaint with the court and take the necessary legal measures.
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