Divorce and Child Custody in Nepal

Published Date: 2023-03-24

Divorce and child custody is the cause of the dissolution in marriage and failed bonds between husband and wife resulting in a scattered relationship affecting their children in the process. Divorce in Nepal has always been a prized subject, where marriage ceremonies are the most important event in everyone’s life and strong bonding between husband and wife. The process of divorce and child custody requires the sanction of the court and different authorities in a legal process. However, recently we can see the rate of divorce has dramatically increased in Nepal. In the context of Nepal, there are various causes resulting in divorce from their partner. Generally, people file a divorce for these reasons which include infidelity, financial insecurities, sexual dissatisfaction, preference for male children, dowry, violence by either side, alcohol abuse, and many more.  

Child Custody in Nepal is an issue that is directly associated with the divorce of their parents. Child Custody is a legal obligation that makes the decision to supervise, control and educate, their child from the responsible parents. According to the Common statutory provisions of Nepal, the born child will get the mutual guardianship of the parents even after separation, and the right of either parent to their child’s custody is equal. Child Custody is an annulment and legal action to have the right on their child. The court will decide about the issue of residence and contact, based on the child interests and decides the visitation schedule for parents in order to eradicate any negative connotations about the distinction between the parent and their child. According to the Child Support Standards Act, after getting a divorce, the court will determine which parents will get jurisdiction over child custody. According to Law in Nepal, in the case of a child under the age of 18, both parents file for custody and fight for the case in their favor. In the other hand, the decision is mandatory for both the parents to take the responsibility equally, when the child is under the age of 21.

Who Gets Child Custody?

According to the Muluki Ain of Nepal, the court will decide who will get child custody according to the income of their parents and child interest. Child Custody is determined on the basis of child interest and the parents who will be able to provide better facilities and fulfill the needs and requirements of their child. The court will make a child-centered decision about the custody and their rights accordingly. On the basis of parent's history, financial capabilities, mental state, relation with their child, and if any misconduct on the part of either parent, the court will make a decision that both parents have an equal right to child custody. In the case of parents, who are unable to have custody of his or her child such as;  either father or mother use alcohol, drugs and illegal substance, desertion, mental disorder, unwillingness or inability to care, or even have past and present evidence of abuse and many more, the court will decide which parent is the best for child. If the unmarried parent has a child, the child’s mother will automatically get custody unless a family court decides otherwise.    


  • Please fill out this field.
  • Please fill out this field.
  • Please fill out this field.
  • Please fill out this field.
  • Please fill out this field.


Recent Posts

Lease Contract law in Nepal Legal Due Diligence Service in Nepal Registration of Airlines in Nepal Copyright Law in Nepal Exim Code in Nepal/ Registeration & Renewal of Exim Code in Nepal/Requirement of Exim code to do import & export goods in Nepal Legal Services for Startup Business in Nepal/Startup Lawyer in Nepal/Startup Law in Nepal/Business Registeration in Nepal Franchise laws in Nepal/Franchise Registration in Nepal/Franchise Lawyer in Nepal/Process & Procedure of Franchise Registration in Nepal Trademark Registration in Nepal/ Trademark Lawyer in Nepal/ Provision related to Trademark Laws in Nepal/Intellectual Property Lawyer in Nepal Law Governing INGOs in Nepal/Legal Regime Governing INGOs in Nepal/INGO Operation in Nepal/INGO registration in Nepal Immigration Laws in Nepal/Immigration Lawyer in Nepal/Business Visa in Nepal/Working Visa in Nepal/Marriage visa in Nepal/Study Visa in Nepal Law Related to Divorce in Nepal/Reason behind the increase of divorce in Nepal/ Separation law of husband & wife in Nepal/Divorce Lawyer in Nepal Commercial litigation in Nepal/Corporate Litigation in Nepal Registration of NGO in Nepal/ Registration of Non-Government Organization in Nepal/ Registration of Profit Not Distributing Company in Nepal Company law of Nepal in the course of Development & Going on Property Lawyer in Nepal Role of Board of Directors in Company Non-Resident Nepali Laws in Nepal Debt Recovery Lawyer in Nepal Cyber Crime Laws in Nepal Provisions relating to private international law in Nepal Polygamy laws in Nepal Cheque Bounce Laws in Nepal Labour Law in Nepal Registration of Branch office in Nepal Court Marriage Registration Process in Nepal Second marriage law in Nepal Family Law in Nepal Divorce and Child Custody in Nepal Foreign Investment Law In Nepal How to increase foreign direct investment in Nepal? Foreign Direct Investment in Nepal Company registration in Nepal Attorney law firm in Nepal Hydropower law firm in Nepal Aviation Law firm and Lawyer Nepal Real Estate Lawyers in Nepal Banking and Finance lawyer in Nepal Nepal best lawyers and law firm Corporate lawyers in Kathmandu Criminal law firm in Nepal Taxation lawyer in Nepal Law Firm in Nepal Lawyers in Nepal - 2023 Divorce Lawyer in Nepal | Divorce Law in Nepal

Contact Details

Advocates & Legal Consultant
Postal Code : 44600
Mobile : +977-9851059026

Office Hours

10:00AM - 6:00PM


back to top
How can I help you?