A Survey on the Mother Custodial Role in Facing Father Abuse in His Guardianship and Custody Role

Natural guardianship and custody are two crucial legal institute derived from Imamie Jurisprudence with a dual nature of right-duties. They are considered as supportive instruments for upbringing and educating the children as the most vulnerable and decisive segment of each society. The two institutes have a wide spread domain and conditions which led to their conceptual and legal discrepancies, despite of their similarities. Mental relinquishment toward the term custody cause us to concentrate on the meaning of educating and up-bringing in divorce period; however it embraces in fact the marital status as well. Mother's custodial role is realized in executive and supervision aspects. This role is of great importance, concerning the wide guardianship and authority of father and the possibility of his abuse of the child's physical and mental weakness as well as refusing to conduct his custodial and guardianship duties. The importance is rooted in achieving the child happiness and avoiding the child trauma. Therefore, in this paper we are going to explore and explain the main characteristics of the natural guardianship and custody according to Imamie jurisprudence and law in a comparative method. Then, we have presented solutions for probable contradictions in parental decisions for the children in marital period as well as evidences and proving ways for mother and judicial officials to resort, when they face father's harmful and corruptive decisions for his child.