Examining the laws related to child custody after divorce in the Iranian legal system

Child custody after divorce is one of the most challenging issues in Iranian family law, significantly affecting the child's well-being, psychological development, and family dynamics. This study aims to legally and analytically examine the concept of custody within Iran's legal framework, highlight its practical challenges, and propose reforms with an emphasis on the “best interests of the child.” The research follows a descriptive-analytical approach and employs library-based and document analysis methods. It analyzes legal provisions, judicial decisions, and relevant international instruments. Moreover, by drawing on the theories of scholars such as Parkinson, Freeman, and Elrod, the study attempts to extract more precise criteria for assessing parental competence and determining the child’s best interests. The findings reveal that despite relatively comprehensive regulations in the Civil Code and the Family Protection Act, there remain significant gaps. These include the absence of clear standards for evaluating parental fitness, the lack of effective supervision mechanisms after custody decisions, and the subjective interpretation of the child’s best interest, all of which lead to inconsistent and sometimes unjust judicial outcomes. Ultimately, the study recommends revising current regulations to provide a clearer definition of the child’s best interest and suggests greater involvement of supportive and advisory institutions in judicial decisions. These reforms could ensure the protection of the child’s fundamental rights, promote family justice, and reduce post-divorce psychological harm.

کلیدواژه ها:

Custody ، divorce ، best interests of the child ، civil law ، family protection law ، Iranian legal system