The purpose of the research was to know the legal consideration of the judge in conclusion of the
right of children nurture in the case of parental divorce and to know the judge’s decision in
determining the right of children nurture has been whether appropriate with children’s right or
not. Method of this research used was the normative legal research. The legal sources were
primary and secondary legal sources. Method of collecting legal sources was conducted trough
literary study and interview, whereas the analysis method used qualitative method by taking
conclusion deductively. Based on the result of this research, it could be concluded that in the
judge’s consideration, the judge always refers to the law number 1 of 1974 on the Marriage and
Presidential Instruction Number 1 of 1991 on the spreading out of Islamic Legal Compilation.
The judge also considers the children psychology, i.e. the relation of the children to their parent.
If the children were closer and felt comfortable spent more time, and receive a lot of attention and
care of their mother, thus the right of nurture was given to their mother, oppsitely if it happened
to their father. This matter could be proven in court and based on the witness’s explanation. Thus,
in principal the children could be nurtured, either by their mother or father in order to the wellbeing
of their children. Basically, this judge’s decision on the determination of right of children
nurture has ben appropriate with the children’s right. However, in the implementation, it has not
been optimally because there were still happened any case relating to the parental obligation,
especially the father who often neglect his obligation in paying and supplying money to this
children. The advice could be submitted by the author is, if there any parental divorce, it is better
to the parent not to do the dispute on the right of children nurture. Moreover, both of them sould
held a good relation and also cooperate in order the best necessities of their children.