Custody of children after divorce is one of the important issues that are discussed before and after the separation of couples in court and among themselves. The issue of child custody should be finished before the divorce, and there should be no room for discussion and ambiguity after that. If you’re going through a divorce, do you know your rights to custody? Do you know how much child support is after separation? Do you know the conditions of deprivation of custody? Join us to fully answer these questions and other uncertainties in this field.
What is custody?
What exactly does custody mean? It is not possible to find a precise definition of this word in the civil law, but in general, custody means physical and mental care of children. Custody of children is both the parents’ right and their duty, and parents cannot refuse to do it. Also, the right to custody of children belongs to parents and no one can take this right away from them.
Why is child custody an important issue?
Children are one of the most vulnerable people in society who will suffer serious injuries during the separation of their parents. Custody of children after divorce should be done in such a way that the mental and financial needs of the child are met as much as possible. For this purpose, at certain ages, the right of custody is given to the mother and at other ages to the father. Also, the child must have minimum comforts for life, so when dealing with the issue of child custody, the couple’s financial ability is also carefully examined.
Who has the custody of the child before the divorce?
As mentioned above, custody of children is with parents; Therefore, before problems and differences arise between couples, children should live with their parents, and raising and creating welfare for children is the responsibility of the couple. The important thing is that the divorce process may take some time and the couple may not live together before the separation. In this case, with whom is the guardianship of the children?
In response to this question, we must say that civil laws have considered a general condition for this issue. Before the onset of puberty, the guardianship of children is with the mother and during puberty with the father. In fact, for girls, child custody is with the mother until the age of 7 and with the father between the ages of 7 and 9. If the girl is over 9 years old, she can decide which of her parents she will live with before the divorce. It is noteworthy that when the child lives with the mother, all his expenses are borne by the father and he must pay child support usually on a monthly basis.
It is a little different for boys. Guardianship of boys until the age of 7 is the same as for girls, with the mother. At the age of 7 to 15, the guardianship of the child is given to the father. After the age of 15, the boy can choose who he will live with.
Who has custody of the child after divorce?
As mentioned in the introduction section, the custody of the child must be determined precisely before the divorce decree is issued and the separation process is completed. According to the laws of the country, the conditions of custody of children after separation are the same as the conditions mentioned before separation; This means that the custody of girls before the age of 7 is with the mother and between the age of 7 and 9 with the father.
For boys, it is with the mother until the age of 7 and with the father until the age of 15. After this time, children can choose who they live with. In order for the custody of the children to be done in a principled and hassle-free way after the divorce, the best way is to use a lawyer to get the right of custody.
In order for the outcome of the court to be done in the best way and in the shortest possible time, you can get help from the lawyers of Dadista Law Institute. In this law firm, 15 experienced lawyers are working in different work specialties so that people can refer to them and get help from their expertise and experience in case of problems.
What is permanent child custody?
One of the things that parents usually talk about in consensual divorces is permanent custody of children. In fact, parents can take permanent guardianship of their children in an agreed and permanent manner. This may be due to circumstances such as significant financial resources, immigration of one of the parents, or other circumstances.
In fact, in this situation, the age limits mentioned above are not taken into account and the child can live with his/her father or mother at any age. Women can also get permanent custody of their children by giving dowry.
It should be noted that if the parent who is in charge of permanent custody cannot respect the rights of his child for any reason, the other parent can file a complaint with the court and annul the permanent custody.
Custody of children after mother’s remarriage
One of the questions for many people is whether the custody of the children will be invalidated after the divorce if the mother remarries? In answer to this question, we must say that until the past few years, yes, the remarriage of the mother invalidated the custody of the children.
This law has changed in the last few years and the mother can still have custody of her child or children even after remarriage. Of course, this is if the court determines that the mother and her husband have the conditions to take care of the child and the child is not abused by the mother’s husband.
Child visitation based on the new law
Visiting children after separation is one of the rights of parents and cannot be ignored. None of the spouses can prevent the child from meeting the other parent, even the corruptness of the parents will not cause this issue. If each of the parents does not act according to the law and prevents their child from visiting, they can be sentenced to 3 to 6 months in prison and pay a fine of up to 3 million Rials. It should be noted that in cases such as danger to life, infectious diseases, and cases where the forensic doctor confirms that the visit causes fear and psychological problems in the child, the right to visit can be legally canceled.
Determining the meeting place with the child
Another important point that should be considered in visiting the child after separation is determining the meeting place. In the past few years, some courts chose the police station of the parents’ residence as the place of visitation, but the stressful atmosphere of the police station was not suitable for children. Therefore, the meeting place was changed.
The chief justice of the province is obliged to choose the place or places that are suitable for the children’s spirit and introduce them as the meeting place. Of course, if the parents agree with each other, this place can be chosen by the parents themselves.
Determining when parents meet their children
The meeting time with the child is also considered in the court as an agreement with the parents. The important thing in choosing this time is to consider the interest of the child. A long meeting time can cause dependence and confusion in the child, and a short time can also cause a lack of affection and anxiety in the child. Therefore, this time is determined based on the interest of the child and with the agreement of the parents. If any of the parents request to reduce this time, they must provide reasonable reasons to the court.
What is child support?
Legally and religiously, the father is responsible for providing for the financial needs of the family, including his wife and children. Alimony means the cost that the father must pay for his child’s needs, including housing, food, clothing and other conventional needs. The alimony payer must have the conditions to pay alimony and the child must be under the age of puberty. If the child has passed the age of puberty but does not have the financial means and is unable to pay his expenses through employment, child support is still the responsibility of the father. In case of financial incapacity of the father, the payment of alimony is the responsibility of the paternal grandfather.
How much is child support?
Child alimony is determined by experts based on the affordability of the alimony payer, the inflation rate, and the cost necessary to meet the child’s needs. Actually, the amount of alimony is not a certain amount and it is considered according to the conditions of the society, the child and the parents.
What is the penalty for not paying alimony?
If the alimony payer has the financial ability and refuses to pay the child alimony, he will be sentenced to 6th grade imprisonment from 6 months to 2 years according to the law.
Deprivation of custody of children after divorce
Custody of children after divorce can be canceled for some reasons and the right of custody can be taken from the father or mother. According to the law, if the physical health or moral education of the child is at risk in case of moral degeneration of the father or mother or lack of care, the law can examine the conditions for depriving the child of custody and take custody from the father or mother. Among the cases that can lead to deprivation of parental custody are the following:
– Harmful addiction to drugs, gambling and alcohol
– Notoriety for moral corruption and prostitution
– Suffering from mental illness based on forensic medical confirmation
– Abusing a child or forcing him to do things like begging and trafficking
– Repetition of assault beyond normal limits
If you have questions in this area and still have doubts, you can ask the family lawyers of Dadista Institute online.