Divorce: Child Custody After Divorce

Even though divorce is a terrible process, it may become even more unpleasant for the parents and even the family when child custody is a factor.

Aug. 16, 2023, 5:49 p.m.

The process of ending a marriage or other domestic partnership is called divorce. It can be said that the marriage has been legally dissolved by a judge or another appropriate authority. For situations like this, there are legal systems in every nation. Divorce matters are heard by district courts in Nepal. In Nepal, divorce is governed by the Civil Code of 2017. The key divorce-related provisions are found in Sections 93 to 104 of the Chapter on Divorce. At the relevant district court, either the woman or the husband may request a divorce.

Even though divorce is a terrible process, it may become even more unpleasant for the parents and even the family when child custody is a factor. When a relationship ends and there are minor children involved, it's crucial to resolve any problems involving them. The legal and practical relationship between a parent and his or her child is referred to by the words "child custody" and "guardianship" in the law. When determining custody, the court takes into account four factors.

  1. The best interest of the child
  2. The economic condition of the parents
  3. The age of the child
  4. Preference of the child

When a man and woman's marriage partnership is dissolved in accordance with the Code, Section 115 of the Civil Code 2017 specifically outlines measures for the custody of the child.

After their divorce is finalized, one parent has the legal obligation to support and care for their kid under Nepali child custody laws. The laws and procedures for the maintenance and good upbringing of the kid after the legal separation of their presence through a divorce have been established by the Supreme Court of Nepal and the Government of Nepal.

In Nepal, different forms of child custody arrangements are used, including joint custody, joint physical custody, and parental visitation rights. There are a few steps to obtaining child custody:

  1. A case can be brought before the District Court to obtain child custody.
  2. A habeas corpus petition may be submitted.

Even if there are several methods of child custody, the child should be permitted to spend as much time as possible with both parents and custody should be split equally between the parents. To mend the fractured parent-child tie and to promote a strong family unit, the idea of reunification therapy needs to be established.

Advocate Subedi is the Executive Director of Adwaita Samajik Sanstha (ASS) and the Legal Associate, Judicial Path and Legal Service (JPL).

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