Child custody refers to the legal determination of a parent’s rights and responsibilities concerning the care, upbringing, protection, decision-making, and overall well-being of a child. Custody matters often arise during divorce, separation, or disputes between unmarried parents.
Governing Laws:
- Muluki Civil Code, 2074
- Muluki Civil Procedure Rules, 2075
- Act Relating to Children, 2075
Types of Child Custody:
- Sole Custody of the Child: One parent is granted full rights and responsibilities regarding the child.
- Joint Custody of the Child: Both parents share rights and responsibilities for the child’s upbringing.
Required documents for filing of a child Custody case:
- Citizenship of the Applicant
- Birth Registration Certificate of the Child
- Document showing the financial capability of parents, like income statements, tax returns and others
- Mutual Agreement document (if the custody of the child is taken from the mutual agreement at the time of divorce, which includes the plans for the child’s care, support and upbringing along with the visitation rights of the parents).
- Plaint/Application for the custody
Legal procedure of Child Custody in Nepal:
Step 1: Preparation of the Plaint with the request for the physical or legal custody of the child
Step 2: Plaint to be submitted to the Court
Step 3: Notice regarding the petition to be sent to the defendant by the Court
Step 4: The Written response is filed by the defendant within the time limitation after receiving the notice
Step 5: Parties are sent for mediation
Step 6: If the Mediation fails, the trial procedure begins in the court
- Examination of the evidence
- Witness Examination
- Legal Representation in the hrearing
Step 7: Judgment of the Court
Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. For personalized assistance or legal interpretation, please contact Vimarsha Law Associates