The court will conduct an investigation to determine which parent will benefit the child the most. The court will base its custody decision on its assessment of what is in the best interests of the child. The law does not specify religious or nationality conditions for the mother. Even when Tunisian courts award legal custody to the mother, the father retains certain rights. The father may control the child s welfare, enroll the child in school and provide for the child s education.
Tunisian courts do grant visitation rights to the non-custodial parent.
Travel Restrictions on Minor Children Special authorization from the court must be obtained before the child can stay overnight outside the custodial parent s home. If the custodial parent moves and the move interferes with the other parent s rights and duties, the custodial parent can lose legal custody of the child. Imprisonment can result if the non-custodial parent takes the child without the consent of the custodial parent. Unless the child is at risk, the mother, as custodial parent, must give her permission before the father can take the child from her residence. A minor child, under the age of 20 years cannot be taken outside Tunisia without the father s permission or the court s authorization, when the mother has been awarded custody.