عنوان مقاله [English]
نویسنده [English]چکیده [English]
Custody is one of the main issue in family jurisprudence and its approach to children's interest as a future generation, is of vital importance, which have not been fully considered in custody law.
Whether custody is a right or a duty still some ambiguities and controversies exist, which needs further clarification. It is worthy to note that each one has its legal consequences. While seeking help from legal sources and theological principle of custody as a right or duty the writer tries to make an effort to clarify the ambiguities which still remain. The guardianship maintenance, shifting responsibility and the extension of child custody period after the age of puberty are some unresolved question which are necessary to be clarified as there is no legal justification for them.
Indisputably all these factors have different financial and non financial legal effects. Assuming custody as a right or duty to parents, the legitimacy of custody contract, father's responsibility for guardianship maintenance and possibility of extension of custodial period are studied in this paper.