Abstract

Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.

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