Delegation Of Custody in the Marriage Contract with a Reflection on Iranian Jurisprudence and Law

The role of the family in the care and nurturing of children is undeniable because children need the support of their parents because of their inability to meet their physical psychological and financial needs. The society also assigns this duty to parents based on the belief that parents are the most appropriate for maintenance and nurturing. Accordingly, many rights for children in the legal system of the world as well as the legal system Of Iran have been reserved, including the right to custody. The right aspect of the legal custody body has received much attention from jurists and lawyers. While the discussion of the agreement on assignment and delegation of custody to another has been remained silent and ignored by most authors. In this regard, this research has been formulated to investigate and answer to the questions regarding the basic ambiguities regarding custody such as the couples ' agreement on the transfer of custody and the possibility of losing children’s custody and transferring of it. This study is theoretical in terms of objective and analytical in nature, also gathering information based on library method and discussing the views of jurists. The findings of the study show that custody is apparently the mother’s right and the father’s right and duty. However, there is a possibility of agreement between the spouses regarding the transfer of custody to each other at the time of dissolution of the marriage. In other words, according to the interest of the child, the wife can entrust the custody of the child to the husband, and on the contrary, the husband can entrust the custody of the child to the wife.