Abstract
Custody is viewed as the most significant consequence resulting from the disruption of the marital bond in the presence of children as it is directly related to their fate after the separation of their parents. In this case, the person who is granted custody has the right and obligation to take care of the foster child and to manage his affairs as well. For this, it is generally said that the mother is the first person that can assume the guardianship of the child as she is entitled to do so. Except that usually, the custodial mother wants to start a new life through a new marriage, which is generally followed by the fathers filing a lawsuit to drop custody. The present study aims to determine and examine the fate of the foster child following the custodial mother’s remarriage in accordance with the requirements of the Algerian Family Code and jurisprudence in this respect.