The following article will help you understand all the latest legal provisions relating to Child Custody After Divorce in Nepal.
Table of Contents
Child Custody in Nepal
Custody of child simply means the state of guardianship of parents over their child. It is the decision regarding who among the parents or other adult shall be in charge of the child, bearing his/ her responsibilities and protecting their interests.
In normal circumstance, it is the joint obligation of both father and mother to take care and maintain their child as per prevailing law of Nepal. However, in cases where the matrimonial relationship between them has extinguished, the child remains in the custody of either father or mother.
Muluki Civil Code, 2074 is the prevailing law that governs matters related to Child Custody After Divorce in Nepal.
Who will get the child custody after divorce in Nepal?
Custody of child
| AGE OD CHILD | CUSTODY (RIGHT TO STAY WITH) | REQUIRED CONDITION |
| Below 5 years | Mother | —– |
| Above 5 years | Mother | If she has not concluded second marriage |
| Conditions except mentioned in (a) and (b) | Father | —– |
If husband and wife mutually conclude an agreement regarding the custody of child, the same agreement would apply.
While deciding the custody of child above 10 years, the opinion of the child also must be taken into consideration.
What happens if the parent holding the custody of child dies?
In case, the parent who is holding the custody of the child dies, the custody goes to alive father/ mother.
However, if the alive mother has already concluded second marriage, she is not obliged to take the custody of child above 5 years of age.
Maintenance, Education and Health Care of Child after Divorce in Nepal
If husband and wife mutually conclude an agreement regarding the Maintenance, Education and Health Care of Child, the same agreement would apply. In absence of agreement, it would be as follows:
| AGE OF CHILD | MAINTENANCE, EDUCATION, HEALTH CARE |
| Below 5 years | Mother |
| Above 5 but below 10 years | Father |
| 10 years or above | Mother/ father with whom the child desires |
Note: In case the parent other than the parent holding custody has higher income, he/ she shall be obliged to provide expenses for the Maintenance, Education and Health Care of Child.
Visitation Rights
Prevailing law of Nepal grants visitation rights to the custody deprived parent.
The child may be allowed to stay with the custody deprived parent for some time period with the consent of custody- holding parent.
How frequently and how long can a father visit his child who is under custody of mother?
The Frequency and time period of visitation rights shall be as follows:
It shall be according to the agreement between parents.
In absence of such agreement, the frequency and time period of visitation shall be according to the order of court.
Conclusion
While deciding on every matter relating to custody of child, the best interests of the child must be given ample attention. Court carefully considers the best interest of the child while giving orders regarding whom to grant the custody, whether visitation rights should be given to father/ mother, who needs to pay for the Maintenance, Education and Health Care of Child and so on.
Also read Divorce Process in Nepal.
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