Child Custody after Divorce in Nepal (2079/2080) – Essential provisions you need to know

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

Process of the Child Custody after Divorce in Nepal

Rights of Parents in Child Custody after Divorce in Nepal

Obligation to take necessary Care and provide Maintenance of the Minor after the Child Custody after Divorce in Nepal

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

A custodial son or daughter may live separately from their father or mother under the following conditions:

Important Questions and Answers

Who has the right to take custody of their children after divorce?

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?

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?

A custodial son or daughter may live separately from their father or mother under the following conditions:

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.