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When parents separate or divorce, safeguarding the welfare and rights of the child becomes paramount. In Nepal, child custody laws governed by the Muluki Civil Code 2074 aim to ensure stability, care, and emotional support for children, while granting both parents equal rights and shared responsibilities.
Legal Framework & Definitions
Custody refers not only to physical care but also to legal decision-making for a child's health, education, and welfare.
Section 115 defines who has custody based on the child’s age and parents’ agreement.
Sections 105–110determine maternity/paternity and resolve disputes in court.
Custody Allocation by Age
The table below shows the custody allocationby age
| Age Group | Custodial Parent |
|---|---|
| Under 5 years | Mother, regardless of remarriage, if she wishes |
| 5–10 years | Mother, unless she has remarried; otherwise,e the father |
| Above 10 years | The parent chosen by the child |
| If mutual agreement exists | Court honors parents’ custody arrangement |
Parents’ Obligations
The custodial parent must ensure physical care, emotional well-being, education, and health per Section 116.
The non-custodial parent is responsible for financial support proportional to their income.
Both have joint legal custody, meaning shared responsibility for major decisions such as schooling and healthcare.
Visitation Rights
Section 117 guarantees visitation rights:
If the child stays with the mother, the father can visit, and vice versa.
Scope and timing are agreed upon by parents or determined by the court.
Recent Updates & Judicial Trends
The emphasis has shifted towards the "best interests of the child" standard, with courts weighing factors like emotional bonds, parental capability, and the child's feedback.
Prime Law (May 2025) highlights child welfare over gender bias, while acknowledging evolving family structures. Fathers are increasingly recognized as potential custodians when mothers remarry or reside abroad. Notable court case: Nilam Subedi v Shambhu Raut, granting custody to the father given the mother’s long-term absence.
Court’s Role & Decision Factors
Courts evaluate child custody with respect to:
Conclusion
Nepal’s child custody framework is both structured and flexible, guided by clear legal provisions enriched by recent judicial developments. The focus remains on the child’s emotional, physical, and moral development, with mechanisms allowing mutual parental involvement, respect for the child’s wishes, and balanced parental responsibility. Child custody laws in Nepal not only support stable environments for children after separation but also recognize the importance of both parents in their upbringing.
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.