1. Custody is the preservation, upbringing, and care of the child, and looking after his/her interests in a manner that does not contradict the guardian’s right to guardianship. 2. The father, or else other guardians of the child in custody, shall look after his/her affairs, discipline, orientation, and education. 3. By way of exception from Clause (2) of this Article, a custodian mother, shall have the educational guardianship over the child, in a way that achieves the interest of the child in custody. 4. If there is a dispute concerning the interest of the child in custody, such dispute shall be presented by the concerned parties to the Judge of Summary Matters in order to render a decision in the form of an order on a petition, considering the extent of solvency of the guardian, in a manner not affecting the right of the custodian mother in educational guardianship. 5. If the interest of the child in custody requires the transfer of the educational guardianship from the custodian mother to the father or another person whose guardianship over the child in custody is proved, it is permissible for any of them to present the matter to the Judge of Summary Matters in order to render a decision in the form of an order on a petition concerning the person who shall have the educational guardianship over the child in custody. 6. If the right of custody of the child in custody is for females, within the prohibited degrees of kinship, apart from the mother, and guardianship is to anyone other than the father, the custodian woman, in accordance with the interest of the child in custody, may present the matter to the Judge of Summary Matters in order to render its decision in the form of an order on a petition concerning the person who shall have the educational guardianship over the child in custody . 7. The provisions of this Article shall not violate the duty of maintenance decided for the child in custody according to this Law.
Interpretation and application must be checked against the official text and current version.
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