The Effect of Physical Illnesses on the Deprivation of Child Custody

The ultimate goal of child custody is the realization of children''s benefits and to keep them out of harm. Therefore، if the parents lack base qualifications and abilities، the child custody will be deprived of them. Also in the article 1173 of the Civil Code، child custody deprivation from its holder is considered. Since one of the qualifications of child''s supervisor is his (her) physical health، this paper، by analysis of jurists'' opinions، is going to examine the impact of illnesses on child custody. It further surveys that if the guardian has an infectious illness، endangering child''s physical health، or he (she) is not able to keep the child due to an incurable disease، his (her) custody will be void. But if the guardian be able to prevent the spread of illness to the child or does the affairs resulting the maintenance and upbringing of the child through an agent for example، child custody will be constant according to the legal rule.