Child Custody in Nepal: Mother vs. Father Rights (Civil Code 2074)

The “Best Interest” Doctrine

In any divorce or separation case in Nepal, the most heat-breaking battle is often over Child Custody. The Muluki Civil Code 2074 has shifted the focus from “Parental Rights” to “Child’s Rights.”

The golden rule used by judges in District Courts is: “What is in the best interest of the child?“

1. Age-Based Custody Rules

The law provides clear guidelines based on the age of the minor:

• Age 0 to 5 Years:

  • Mother’s Priority: The mother generally gets automatic custody. The law assumes a child this young needs maternal care.
  • Exception: If the mother has remarried and the father is willing to take custody, the court may grant it to the father.

• Age 5 to 10 Years:

  • Mother’s Priority (Usually): Still leans towards the mother, unless she has remarried.
  • Father’s Claim: If the mother remarries, the father has a strong legal claim to take the child.

• Above 10 Years:

  • Child’s Choice: The child’s opinion matters. The court may ask the child directly who they prefer to live with.

2. When Can a Father Get Custody?

It is a myth that “fathers never get custody” in Nepal. A father can win custody if:

1. Mother Remarries: This is the most common ground under current law.
2. Unsafe Environment: If the mother is proven to be abusive, negligent, or involved in immoral activities that harm the child.
3. ** Mutual Agreement:** If both parents agree that the child stays with the father.

3. Visitation Rights (Access)

Even if one parent loses custody, they rarely lose Visitation Rights. The non-custodial parent has the right to:

• Meet the child weekly/monthly.
• Take the child during holidays/festivals.
• Talk to the child via phone/video.

4. Child Support (Maintenance)

Custody and Payment are different. Even if the mother gets custody, the father is usually liable to pay for:

• School Fees (Education).
• Medical Expenses.
• Monthly Maintenance (Mana Chamal).

Income level determines the amount. There is no fixed “percentage” in Nepali law, but it is calculated based on the father’s earnings and standard of living.

Conclusion

Custody battles should not be used to punish the other spouse. Nepali courts are increasingly favoring Joint Parenting plans where possible.

Disclaimer: Child custody outcomes depend heavily on specific family circumstances. Consult a family lawyer for your case.