who has the rightto custody of the mother or the...

We would like to inform you that according to the Tunisian Personal Status Code, and with regard to custody, it is for the mother, because she has the priority, as long as the conditions of custody are fulfilled.
Article 58.
The custodian is required to be in charge of a trustworthy person who is able to carry out safe custody affairs from infectious diseases, and if the custodian deserves a male, he must have a female who is incubated and must be forbidden for the female.
If the custodian is entitled to a female, it is required that she be free from a husband who entered into it unless the ruler sees otherwise in the interest of the custodian, and if the husband is forbidden to the custodian or his guardian, or if the person who has custody is silent for a year after notifying him of entry and did not ask for his right in it, or that she was breastfeeding or was guardian of him at the same time
Article 67
If the marriage is separated by the death of the custody, it shall be granted to the surviving parents.
If the marriage was split and the couple was in life, the custody was entrusted to one or the other
In deciding this, the judge shall take into account the custody interest.
In the form of entrusting custody to her, the mother has the powers of the state with regard to the travel and study of custody and the disposal of her financial accounts.
The judge can assign the guardianship of the guardianship to the foster mother if the guardian is unable to exercise it, abuses it, or negligently perform the duties performed by it in the usual manner, or is absent from his seat and becomes unknown to the headquarters, or for any reason
* As for the guardianship, it is different from custody, as the after-will custody to take care of the affairs of the minor and the custodian and to appoint a guardian
As for the custody, it will be in the event that the marital union ends, and the presence of one of the parents is a custodian of the custody.