Jurisprudential and legal nature Lawful guardianship of the mother in the process of the alimony requestAccording to Family Protection Act (approved, 2012)

One of the fabrication of Article 6 of family protection act approved , 2012, granting the guardianship right to the mother her in the process of the alimony demanding of a child and incompetent child ,and some regard it as the creation of mandatory guardianship and some believe that the granting of this kind of custodianship to the mother is the same as the institution of the guardianship which determined by courts. Each one of them create the various lawful effects in the realm of the mother ' responsibilities and willpower ,and The current paper explores the nature and the fundamentals of the mother guardianship notion over the alimony demanding of the child through descriptive-analytical method. The result of the paper indicates that the Iranian legislator goal over this conferring of the guardianship to mother is not the confirmation of the guardianship right for the mother The most important impacts of this theory are as follows the law effects of mandatory guardianship including the right of seizing over the assets of the child, and being unperishable and unmovable with regard to the guardianship right does not make any difference to this kind of the guardianship.