النظام القانوني لحق الحضانة في تشريع الجزائري

Abstract

Through this study, The legal system of custody right in Algerian legislation and comparative laws.Childcare is one the topics that have received the most attention in Islamic sharia as well as in different legislations, as it is one of the most important ways to ensure and safeguard children’s rights. The rights and interests of the child in custody, is then primarily the result of the custody interest.To ensure this, the Algerian legislator puts in place regulatory provisions, including those relating to the person in charge of custody who must meet certain conditions allowing him to be worthy of custody and the protection of the interests of the child being cared for and to forfeit him if it with the interest of the latter.And because the mother is more sympathetic to her children, she has a precedence over others in her entitlement to custody.her work does not constitute an obstacle in her exercise of custody,But if it happened and that been disruptedthese conditions the interest of the fostered child will be in danger,which requires dropping it from the custodian and handing over the fostered child to the next in rank if he fulfils all the conditions.This, and dropping custody, can only be for serious and clear reasons that do not harm the imprisoned child and not inconsistent with his interest.Also, in the event that the mother gives up her, she does not return to her, andThe request to retrieve is not accepted.And the obligations resulting from the custody of the child, including alimony and housing, and obligations to be made available in the incubator such as visitationand oversight, As for the reasons for its lapse, it expires with the end of the incubation period. And all this in order to place the child in a suitable environment for proper growth in all respects, psychological, mental,physical and educational