Child Custody in Nepal After Divorce – Legal Provisions You Need to Know 2026

What are the Legal Provisions Relating to Child Custody in Nepal after Divorce?

Child Custody Law in Nepal

Conditions of Child Custody to Father or Mother

1. If the child has not completed the age of 5, the custody of the child will be with the mother. If the mother concludes another marriage, the mother can still keep the child under her custody. It depends on the wish of the mother whether to keep the child under custody or not if she has concluded another marriage.
2. If the child is above 5 years of age, the mother can have the child’s custody if she wants, under a special condition. The special condition is that the mother should not have concluded another marriage.
3. The child will be under the custody of the father except in the conditions given above (1) and (2).
4. If there is any written agreement regarding child custody between the husband and the wife, then it should be according to such agreement.
5. If the child is above 10 years old, the opinions of the child are also taken into consideration to determine the child’s custody.
6. If the father or mother who took the child custody died, then the living father or mother of that child must take care of the child instantly. If the mother has already concluded another marriage, the child custody of the child who has completed 5 years of age isn’t mandatory for the mother.
7. The maintenance, education, and health of the minor of the child below 5 years come under the responsibility of the mother. If the minor is above 5 years and below 10 years, such responsibility is of the father. If the child is above 10 years, such responsibility is of either the father or the mother, wherever the child wants to stay.

Obligations to Take Necessary Care and Maintenance

The father or mother who takes custody of the minor should take care of and provide maintenance as per the law. The father or mother should provide maintenance, health care, education, sports, entertainment, and other necessary arrangements according to their financial capacity and ability.

Facility to Visit to be Provided

After the divorce, the minor who is under the custody of the father can visit the mother from time to time, and the minor who is under the custody of the mother can visit the father from time to time. With the consent of the father and mother, the minor can stay with the father or mother for some time.

If these visits affect the best interest of the child, the court may issue an order to stop the visit or stay. The frequency of the visit shall be determined by the concerned father and mother. If they can’t decide, the court can order it.

Legal Rights of the Son and Daughter

Despite the end of the matrimonial relationship of the husband and the wife, the legal rights of the son and daughter born to them will remain the same. They can get every right they can get from their father and mother. Divorce doesn’t affect the rights of the son or daughter towards their parents.

Conclusion

The determination of child custody in Nepal after divorce plays a vital role. Child custody must be arranged in the best interests of the child.