فساد أخلاق الحاضن و أثره على الحق في الحضانة : دراسة على ضوء الفقه و القانون الجزائري مدعمة باجتهادات المحكمة العليا

Abstract EN

The child may be assigned to a custodian or incubator who is characterized by corruption of morals and behavior, such as committing crimes against morals and public morals, or practicing shameful and perverted behaviors that affect the morals of the child, and other forms of moral corruption, resulting in the effects of dropping the right to custody taking into account the interests of the child and this is what most of the jurisprudence of the supreme court has settled on, after proving the corruption of the morals of the custodian before the judiciary by all means of proof, and assigning it to the person who is entrusted with the child in custody according to the order specified in the text of article 64 of the Algerian family code, taking into account the interests of the child, and after the demise of the reason for the fall of custody, which is the corruption of morals, the jurists differed in the issue of the return of the nursery to the custodian.

the mother is not optional.

as for the text of article 71 of the Algerian family code, it stipulates the return of the right to custody with the disappearance of the reason for its non-voluntary fall only.