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Child custody is one of the most sensitive issues in Iranian family law. After parents separate, the question of who will raise the children becomes a major concern. Iran’s Civil Code sets clear rules while placing the child’s best interests (maslahat-e tefl) above everything else. Here’s a clear, up-to-date explanation based on the law and current judicial practice.

Custody Until Age 7 and Afterwards

According to Article 1169 of the Civil Code (amended in 2003), when parents live separately, the mother has priority for custody until the child reaches seven years of age. After that, custody goes to the father. This rule applies equally to boys and girls.

The important note to this article states that after the age of seven, if a dispute arises, the court decides custody based on the child’s best interests. Transfer to the father is therefore not automatic. Courts examine the parents’ moral and educational competence, living conditions, the child’s emotional state, and expert reports. Custody may remain with the mother or even be given to a suitable third party if necessary.

Once the child reaches the age of religious puberty (9 lunar years for girls and 15 lunar years for boys), legal custody ends and the child may choose where to live.

When Custody Can Be Revoked

Custody is both a right and a duty (Article 1168). Neither parent may refuse to care for the child. If they do, the court can compel them (Article 1172).

Under Article 1173, if a parent’s lack of care or moral decline endangers the child’s physical health or moral upbringing, the court may change or revoke custody. Common grounds include:

• Harmful addiction to alcohol, drugs, or gambling
• Notorious moral corruption or prostitution
• Mental illness confirmed by forensic medicine
• Abusing the child or forcing them into immoral activities (begging, trafficking, etc.)
• Repeated excessive physical punishment

Article 1170 provides that if the mother becomes insane or remarries while she has custody, custody transfers to the father. However, recent judicial practice and Article 45 of the Family Protection Law emphasize that remarriage alone is not an automatic ground for revocation. The court must assess whether the new marriage actually harms the child’s interests.

Visitation Rights of the Non-Custodial Parent

The parent who does not have custody still has the right to visit the child. The court sets the time, place, and conditions if the parents cannot agree. This right is rarely completely removed.

Child Maintenance and the Difference Between Custody and Guardianship

Even if the mother has custody, the father remains responsible for the child’s maintenance (nafaqah). Custody covers day-to-day care and upbringing, while legal guardianship (velayat) over the child’s financial and legal affairs normally stays with the father or paternal grandfather.

Practical Notes for Parents

In consensual divorce, parents can agree on custody and visitation arrangements. Courts usually approve such agreements if they do not harm the child. Anyone seeking to change or revoke custody needs strong evidence (forensic reports, witness statements, social-worker assessments). Mere allegations are not enough. Family courts frequently appoint psychological experts and social workers and may consider the older child’s own views.

Iranian law tries to balance parental rights with the child’s welfare. In practice, the deciding factor is not merely the child’s age but their physical, emotional, and moral well-being. Consulting a family-law specialist is highly advisable when facing these issues.