Custody Rights in Algeria
- Ounissa MOHDEB, Juriste généraliste
- Apr 3
- 1 min read
The hadana (custody) right in Algeria involves ensuring the child's schooling and education according to the father's religion while preserving their physical and mental health.
This right is hierarchical and aims to serve the best interests of the child. It is first granted to the mother, then to the father, followed by the maternal grandmother, then the paternal grandmother, then the maternal aunt, then the paternal aunt, and finally to relatives of the closest degree.
The beneficiary of a custody right may be deprived of this right for various reasons :
When the beneficiary is unable to provide for the child's needs (under Article 62 of the Family Code);
When the beneficiary takes more than one year to claim custody;
When the mother remarries to someone who is not related to the child by a prohibited degree of kinship.
The parent who does not have custody rights is entitled to visitation and accommodation rights, which must be respected, under penalty of imprisonment for up to 5 years (Article 327 of the Penal Code).
