Child Custody Laws in Nepal 2082/83 (2026) — Civil Code 2074

A child under five stays with the mother if she wishes custody, under Section 115, unless the child's welfare or a parental agreement requires otherwise.

Under Section 116, the higher-earning parent contributes to the child's maintenance, education and healthcare; the amount is set by agreement or the court.

Child custody is governed by Sections 105 to 117 of the Muluki Civil Code 2074, effective 17 August 2018. Sections 105–106 establish maternity and paternity, Section 110 resolves disputed parentage, Section 115 governs custody and its age framework, Section 116 governs maintenance, and Section 117 governs visitation. The District Court that hears the divorce also decides custody.

Where the parents have no agreement, Section 115(5) sets defaults by age: a child under five stays with the mother if she wishes custody, a child of five to under ten stays with the father, and a child of ten or above may choose the parent they live with. These are presumptions the court applies through the best-interest lens and can adjust where the child's welfare requires.

No. The age rule is a starting presumption, not a guarantee. The court's governing question is the best interest of the child, so a parent who is absent, unsafe, or unable to provide proper care can lose the default even where the age rule would otherwise favour them. Evidence about each parent's actual caregiving capacity is therefore central to a contested custody case.

Yes. A written custody agreement made on divorce or judicial separation overrides the age-based defaults in Section 115. Parents can settle who the child lives with, how the other parent visits, and how costs are shared, and the court generally honours an agreement that serves the child's welfare. A recorded agreement is faster, cheaper and more stable for the child than a contested hearing.

Under Sections 105 and 106, the husband at the time of birth is presumed to be the father, and a child born within 180 days of marriage or within 272 days of the husband's death or divorce is presumed legitimate. Where paternity or maternity is disputed, Section 110 sends the question to the court, which may rely on evidence including scientific testing to resolve it.

Not on that basis alone. Employment does not disqualify a parent from custody; the court looks at the overall welfare of the child, including who can provide stable day-to-day care, the child's schooling and bonds, and the support network available. A working mother can retain custody, particularly of a young child, where the arrangement serves the child's best interests.

Under Section 117, where the marriage has ended or the parents live apart, the child is allowed to visit the non-custodial parent from time to time. The frequency and any period of stay are fixed by the parents' agreement, and where they cannot agree, the court orders them. Visitation is treated as the child's facility to maintain contact with both parents, judged by what supports the child.

Yes, where circumstances change materially. Custody and maintenance arrangements are not frozen — if a parent's situation changes significantly, or the existing arrangement no longer serves the child's welfare, a parent can ask the court to modify it. Because the best interest of the child governs throughout, the court will reassess on the new facts rather than simply enforce the earlier order.

On the death of one parent, the surviving parent ordinarily continues to care for the child. Where both parents have died or neither can care for the child, guardianship under the Civil Code and the Children's Act 2075 determines who is appointed to look after the child and their property. The arrangement is supervised by the court, which can review or change the guardian in the child's interest.

The Section 115 framework applies regardless of where a parent lives, but the welfare assessment weighs who is actually available to raise the child day to day. An NRN parent can seek or keep custody and can act through a Power of Attorney for many steps, while a court examines the practical care plan. NRN parents should formalise a cross-border custody arrangement early so it remains enforceable.

Yes, increasingly with the child's age. Under Section 115 a child of ten or above may state a preference about which parent to live with, and the court gives that preference weight. Even below ten, the welfare assessment can take account of the child's bonds and stability. The child's voice is one factor within the broader best-interest test rather than the sole determinant.

Custody under Section 115 is framed around the parents, but where neither parent can care for the child, a grandparent or other relative can seek to be appointed guardian under the Civil Code and the Children's Act 2075. This is a guardianship route rather than parental custody, supervised by the court, and is judged by the child's welfare. It is common where parents are deceased, abroad, or unable to provide care.

The District Court of the place where the parties ordinarily reside decides custody, usually the same court that hears the divorce or separation. An appeal lies to the High Court of the province, generally within 35 days of the decision. Because custody, maintenance and visitation are decided together, it is efficient to handle them in one proceeding rather than separate filings.

There is no fixed statutory amount. Under Section 116 the court sets maintenance according to the higher-earning parent's income and the child's reasonable needs — covering day-to-day care, education and healthcare. Parents can agree a figure, which the court will generally accept if it serves the child. Because it is needs-and-income based, the amount can be revisited if circumstances change materially.

Custody still turns on parentage and the child's welfare. Once maternity and paternity are established under Sections 105–106, or determined by the court under Section 110 where disputed, the Section 115 framework and the best-interest test apply much as they do for married parents. Establishing legal parentage is the first step, after which custody, maintenance and visitation are decided on the same principles.

Nepali law centres on a primary custodial parent under Section 115, with visitation for the other parent under Section 117, rather than a formal equal-time joint-custody model. Parents can, however, agree a shared parenting arrangement that the court accepts if it serves the child's welfare. In practice the workable outcome is often a primary home with structured, meaningful contact and shared decision-making documented in the agreement.

Early — before an informal arrangement hardens into a status quo the court is reluctant to disturb. A lawyer confirms how Section 115 applies to your child's age, drafts a custody and visitation agreement that holds up, sets a maintenance figure under Section 116, and where parentage is disputed handles the Section 110 process. For NRN parents, early advice keeps a cross-border arrangement enforceable and reduces the risk of a prolonged contest.