Determining Custody Criteria in the Context of the Best Interest of the Child

Deciding in the subject of custody and the children guardianship in a legal system totally depends on each system’s approach towards child and childhood’s conception. In this regard each system has it’s own factors. While we face with the concept of interest or Ghebte in Islamic jurisprudence, the best interest of the child (BIC) was bolded after convention on the rights of the child’s ratification (CRC) in 1989. Although Iran has joined the convention, the dynamic and ambiguous nature of interest prepare the possibility of different interpretations which will lead to judgements’ dispersion and assessors’ confusion. Thus CRC’s committee has tried to solve the problem and enjoying the internal laws may be effective. The aim of this research is the access to the custody criteria as the leading factors according to the CRC and internal laws’ capacity in the context of BIC. Thus presenting that criteria will be the result.