This article will help you to know all the information about the legal provision of child custody after divorce in Nepal.
Child custody is a term relating to guardianship that discusses the legal and parental relationship between a parent and a child. The condition of child custody usually arises during the divorce.
Child custody is a legal responsibility to educate, take care of, guide, and supervise the children from their responsible parents after the separation of their parents. Legal provisions relating to child custody after divorce in Nepal are guided by Muluki Civil Code 2074.
The condition where a child is assumed to be Born from the same Partner
- The child was born 182 days after the marriage.
- The child is born within 272 days from the date of the death of the husband or was separated.
- In other disagreements, the court will make the decision on the basis of the DNA report.
- Custodial rights, maintenance, and expenses are obliged to both parents if the child is born in the above circumstances.
Process of the Child Custody after Divorce in Nepal
- A case is filed in the district court or a Habeas Corpus writ can be registered.
- The defendant is informed about the case by the court.
- Submission of the counterclaim by the defendant.
- The trial is done by the court.
- Evidence is collected and the best interest of the child is taken into consideration.
- Then the final decision of the court.
Rights of Parents in Child Custody after Divorce in Nepal
- In this case, a minor who has not attained five years of age will be under the custody of the mother if she so wishes. It does not matter if she concluded another marriage or not.
- In the case of a minor above five years of age, except in the case of the conclusion of another marriage by the mother, the child will be under the custody of the mother, if she so demands.
- In conditions other than the above, the child will be under the custody of the father.
- If there is already a separate agreement between husband and wife about the custody of the child during the time of divorce or judicial separation, then according to such agreement.
- If the child is above 10 years then the wish of the child is also taken into consideration.
- Above all, the court will analyze and decide the rights of custody of children according to their financial status, income, and mental health of the husband and wife.
- If the husband or wife who takes care of the child is dead then the surviving father or mother should take the children under his or her custody.
Obligation to take necessary Care and provide Maintenance of the Minor after Child Custody after Divorce in Nepal
- The father and mother shall jointly care for their children for the maintenance, health, education, and sports according to their financial capacity.
- If the income of the father or mother who does not take custody is higher than that of the father or mother who takes custodial responsibility if the children, such father or mother shall provide the expenses of maintenance and other necessities for their children.
The Facility for Parents to visit their Children after Separation
The provision to visit their parents is the right of the children. If the child is living with the mother, he shall have the right to visit his father from time to time.
And if he is living with the father, he shall have the right to visit his mother from time to time. The frequency of visits is according to the consent between the father and mother. If there is no agreement then the court shall decide it.
Son or Daughter may live Separately
Custodial son or daughter may live separately from their father or mother under the following conditions:
- If he or she is separated from his or her father, or mother, with or without attaining partition according to law,
- If he or she has married,
- If he or she is at least twenty-one years of age,
- If he or she is employed.
Important Questions and Answers
Who has the right to take custody of their children after divorce in Nepal?
Both father and mother have the right to take custody of their children. Minor who has not attained 5 years of age will be under the custody of the mother if she demands it even if she is married again.
Can a child decide upon their parental rights after the divorce of their parents in Nepal?
A minor above 10 years of age can decide with whom they want to stay. A court may also decide on the basis of the best interest of the child.
Can the son or daughter live separately from their custodial parents in Nepal?
Custodial son or daughter may live separately from their father or mother under the following conditions:
-If he or she is separated from his or her father, or mother, with or without attaining partition according to law,
-If he or she has married,
-If he or she is at least twenty-one years of age,
-If he or she is employed.
Conclusion
Child custody is an important aspect of divorce cases. As children are very sensitive and they need enormous guidance, proper guardianship, and guidance must be provided. Also, they should be kept away from the divorce process of their parents and the custodial rights of the child should be given to those fathers or mothers upon which a child can flourish in a better way and has the best interest of the child.
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धन्यबाद सर
What if child custody is given to mother but she is not aware of child responsibility and has lack of priority toward child…who is under 5 years! She gets it¿
Rather than the one who raise the child by his grandparents the law decided to give a child to a mother who lacks responsibility of her child
This is unfair! I belive child should deserve mother love but there are some who doesn’t value them it’s is not right for the one who actually wants to take responsibility of child.
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After the court decided the custody of children and suppose a father is entitled for the custody of two child. Now these children are staying with their mother. Father wants to take children to abroad where he is living (Nepali citizen), what exactly are steps, procedures and acts or format to be followed for the successful custody and be able to take both child with father to abroad. Where and how far this can be done?
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Husband wants divorced for necessary cause 7 year daughter custody goes to whom
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