Effects of Wife’s Psychiatric Disorders upon Custody

Subject Areas : Private law

Zeynab Mashoudi ¹ , hassan abedian ² , mohammadmehdi Ahmadi ³ , alireza asgari ⁴

1 - دانشگاه آزاد قم
2 - واحد قم
3 - واحد قم
4 - واحد قم

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: right, wife, Mental disorder, Custody,

Abstract :

     One of  the current challenges is the issued verdicts regarding the custody of mothers suffering from mental disorders which, due to lack of accurate regulations, causes these people to be categorized as insane individuals. This study is aimed at distinguishing mental disorders from the insanity of the mother so that we could help enact laws and regulations to protect the rights of these persons. Findings of this study are as follow: if the mother is suffering from mental disorders, first the type of mental disorder should be determined for the court and after that her eligibility for the custody of the child should be investigated since mental disorders come under the general term insanity and are categorized into three groups: schizophrenia, minor insanity and foolishness. If the mother is suffering from a mental disorder, her right to the custody cannot be taken away based on their insanity. In cases where the mother is suffering from minor insanity or foolishness, proper mental conditions exist for granting the custody and in some cases even the custody itself can make the mother recover from her mental problem. However, a mother suffering from schizophrenia is not curable and she cannot be granted the custody of children because it may be detrimental to the children in which case she cannot have the right to custody.