Review of the Neurological Diseases Status in Obstacles of the Custody (Article 1173 of Civil Law)

The right of custody is one of the important issues of private law which has been studied in a variety of aspects. The Iranian legislator has stated that one of the examples of lack of child care is the involvement of parents in "mental disorder" under Article 1173 of the Civil Low and has not expressed anything about neurological disorders. While mental and neurological disorder they have different nature, origins and works according to the principles of psychology. This descriptive-analytic research is important in this regard that has studied the status of neurological diseases in the field of neurolaw as one of the barriers to custody under Article 1173 of the Civil Low. The result of this research is not scientifically that resemble of mental and neurological diseases and if the diagnosis is referred to an expert forensic medicine, That expert distinguishes neurological disorder from mental disorder based on scientific foundations and he presents his theory on the basis of this. But if the family court considers "neurological disorder" to be excluded from Article 1173 of the Civil Low, It is possible to give the custody of the child to someone who is not qualified because of having a neurological disease, so compromised child's health. The second result of the study is that destroys neurological disorder person's power of will and recognition in some cases and these include insanity. Therefore someone with neurological disorders can't use the right of custody. So the Iranian legislator must be reviewed in the third clause of Article 1173 of the Civil Low and add sentence of "neurological disorder" after sentence of "mental disorder".