Child Custody Laws in Nepal (2026): Civil Code 2074 Guide

Child custody in Nepal is governed by Sections 105, 106, 110, 115, 116, and 117 of the Muluki Civil Code 2074 (effective 17 August 2018). The law applies a clear age framework: a child under five years stays with the mother if she desires custody; a child aged five to ten defaults to the father unless an agreement says otherwise; a child above ten may state a preference and that preference is given weight. Custody decisions cover three connected questions — who has the child (Section 115), who pays for the child's care (Section 116), and how the non-custodial parent maintains contact (Section 117).

This is the 2026 (2083 BS) guide to child custody laws in Nepal — the statutory framework, how maternity and paternity are determined, the age-based default rules, the maintenance obligation that follows custody, visitation rights, and special scenarios including death of a parent, parents working abroad, and NRN custody coordination. For the specific post-divorce filing process see our child custody after divorce guide; for the broader divorce framework see divorce and alimony laws in Nepal.

Alpine Law Associates — Nepal Bar Council-registered family law team handling custody petitions, parental agreements, maintenance enforcement, visitation orders, and cross-border / NRN custody matters.

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What law governs child custody in Nepal?

Child custody in Nepal is governed by Chapter 4 of the Muluki Civil Code 2074 — Sections 105 to 117. Section 105 sets out how maternity and paternity are determined; Section 106 establishes the legitimacy presumption; Section 110 confirms that disputes about parentage go to court; Sections 115, 116, and 117 are the operational provisions for custody, maintenance, and visitation respectively. Procedural rules — how the petition is filed, summons issued, and orders enforced — come from the Muluki Civil Procedure Code 2074. The District Court is the forum of first instance; appeal lies to the High Court within 35 days. For broader court structure see our hierarchy of courts in Nepal guide.

How are maternity and paternity determined?

Section 105 states that maternity is determined by reference to the mother and paternity by reference to the father. Section 106 sets out the legitimacy presumption: a child is presumed legitimate if born after 180 days from the date of marriage or within 272 days of the husband's death or the divorce decree. A child born outside these windows can still be claimed as legitimate but the parent making the claim bears the burden of proof.

Section 110 provides the dispute-resolution mechanism: where any question of maternity or paternity is contested, the District Court decides on the basis of evidence, which today routinely includes DNA testing ordered by the court. The court's decision on parentage feeds directly into the custody framework — only a confirmed parent has custodial rights or maintenance liability.

The Section 115 age framework

Section 115 of the Civil Code 2074 sets the operational rules for custody when parents are not living together — whether through divorce, judicial separation, or simple separation. The default rules apply where parents have not entered a written agreement:

1. Under 5 years. The minor stays under the mother's custody if she desires it. This applies even if the mother has remarried — the under-5 entitlement is unconditional on the mother's part.
2. Above 5 years. The mother retains custody if she desires it, except where she has concluded another marriage. Where the mother has remarried, custody passes to the father.
3. 5 to 10 years (post-divorce default). Section 115(5)(b) sets the default for separated parents without agreement: a child aged 5 to 10 stays with the father.
4. 10 years and above. Section 115(5)(c) directs the court to consider the child's preference. The child's stated wish to live with the mother or father is given material weight, though it is not absolute.
5. Death of the custodial parent. Where the parent holding custody dies, the surviving parent takes custody "without any delay" under Section 115. This is automatic, not subject to court re-application.
6. Mother's remarriage and a child above 5. The mother is "not obliged" to take custody of a child above 5 if she has remarried — but she may still claim custody if she wishes, subject to the best-interest test.

What if parents have a custody agreement?

Section 115(4) allows parents to enter a written agreement on custody at the time of divorce or judicial separation, and the agreement supersedes the age-default rules. A clean parental agreement is the fastest, cheapest, and least adversarial route — and it is also the most child-protective because the parents themselves know the practical realities (school location, financial capacity, extended-family support) better than any court could deduce from a contested hearing.

A well-drafted custody agreement covers: who has primary residential custody, the maintenance amount and how it is paid, visitation schedule (regular days, weekends, vacations, festivals), schooling and healthcare decision rights, travel-with-the-child consent rules, and how disputes will be handled (mediation, court). Where the agreement complies with the best-interest test and is not tainted by coercion, the District Court will enforce it. See our companion divorce and alimony laws in Nepal guide for how custody fits into the broader divorce settlement.

Section 116 — the maintenance obligation

Section 116 separates caregiving (which the custodial parent provides) from financial support (which both parents share). The custodial parent feeds, clothes, schools, and treats the child day-to-day. Where the non-custodial parent has higher income, they must contribute to those expenses. The contribution covers maintenance, education, and medical treatment.

The Civil Code 2074 does not set a fixed support formula. Where parents agree, the agreement governs; otherwise the District Court fixes the amount based on the parents' incomes, the child's reasonable needs, and any special circumstances (medical condition, special education, expensive schooling). Maintenance orders are enforceable through the District Court's execution branch — bank-account attachment and salary garnishment are the common enforcement routes.

Section 117 — visitation rights

Section 117 ensures the non-custodial parent retains contact with the child. Where the matrimonial relationship has ended or the parents are living separately, the non-custodial parent has the right to visit and the child has the right to be visited. The frequency and duration are first set by parental agreement; in the absence of agreement, the District Court fixes the schedule.

Common Court-ordered visitation patterns in 2026: alternate weekends with the non-custodial parent, half of school vacations, alternate festival days (Dashain, Tihar). Where one parent is abroad — common in Nepal given the scale of foreign employment — the court typically orders longer single visits aligned with the parent's annual return rather than fragmented short visits. Visitation orders are enforceable; persistent obstruction by the custodial parent can lead to custody being reconsidered.

What about NRN parents and parents working abroad?

Where one or both parents work abroad — Gulf, Malaysia, South Korea, or as Non-Resident Nepalis in the diaspora — the custody rules apply with practical adjustments. Custody can be exercised through extended family (grandparents, siblings) acting under a notarised authorisation while the custodial parent is abroad, but the legal custody rights remain with the parent. Where both parents are abroad, courts often grant custody to the parent who can provide a stable in-Nepal arrangement (typically through a guardian) until the parent returns or the child can join the parent abroad on a dependent visa.

For NRN custody disputes, Alpine Law Associates coordinates the matter through power of attorney with periodic video updates. Foreign-issued documents (custody decrees from other jurisdictions, birth certificates from abroad) require apostille or consular legalisation before the District Court accepts them. See our NRN legal services and filing a case from abroad in Nepal for the documentation procedure.

The best-interest principle — the overarching test

Throughout the Civil Code 2074 framework, the court applies the best interest of the child as the overarching test. Where the age-default rule and the best interest of the child are in conflict — for example a remarried mother is the only stable provider, or the father has a history of domestic violence — the court has discretion to depart from the default and order custody on best-interest grounds. The Children's Act 2075 reinforces this principle and gives the court additional protective tools (interim custody, supervised visitation, mandatory parenting plans). For the broader child rights framework see our child rights in Nepal guide.

How can Alpine Law Associates help with child custody?

Alpine Law Associates handles the full range of custody work — drafting parental agreements at the time of divorce or separation, contested petitions where parents cannot agree, maintenance enforcement against a non-paying parent, visitation orders and enforcement, and cross-border / NRN custody coordination. Our family-law team works with empathy where the matter is essentially personal and with strategic discipline where it is contested or financially complex.

For specific procedural questions on filing a custody petition after divorce — court fees, document checklist, hearing timeline — see our child custody after divorce guide. As a full-service law firm in Nepal with a dedicated family law practice area, we coordinate custody alongside divorce, partition, alimony, and (where needed) protection orders in a single counsel relationship.

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Last reviewed: April 2026