1. Custody of children is a joint and equal right of both the father and mother after the occurrence of the divorce. It is also a right for the children not to live under the control of a single parent without the other, for raising and dealing with the child, in order to preserve the psychological health of the child in custody and limit the effects of divorce on the children. 2. A general principle in the custody of the children is the participation of the father and the mother together in the responsibility of raising the children after the divorce, unless the two parties submit a request to the court to establish custody for the parent who is worthy of fulfilling the interests of the child subject to custody, one of them submits a written waiver to the court of his right to custody, or a parent submits a request to the court to remove the other parent from joint custody and drop his right to custody for any reason acceptable to the court, such as symptoms of eligibility, the danger of the person's participation in custody, or the failure of the joint custodian to perform his duties. In keeping with this, the Executive Regulations of this Decree-Law shall set out the cases of removing the other party from custody and forfeiting his right to it. 3. In the case of a dispute between both parents over an issue related to joint custody, either parent shall be entitled to apply to the court in accordance with the relevant form to challenge the position of the other parent and ask the court to decide on the matter subject matter of dispute. 4. The court shall have a discretionary power to decide a particular course of action in the best interest of the child under custody, based on the request of either parent after divorce.
Interpretation and application must be checked against the official text and current version.