Child Custody after Divorce

Child Custody after Divorce in Bangladesh

If a married couple with one or more children wants to get a divorce, custody of the children becomes a big issue. In Bangladesh, child custody is decided in court by following, the family courts ordinance that was passed in 1985 and the guardians and ward act that was passed in 1890. The court seeks to come to a decision that will be the most beneficial for the child.

Child Custody after Divorce in Bangladesh

In easy terms, there are two kinds of child custody after divorce in Bangladesh that have to be decided after a divorce. One is about who will get to make important decisions about the child’s upbringing, and the other is about who gets to keep the child with them. One parent may get both custody, or they may share one or both of them. The court will decide according to what will benefit the child most.

Legal Custody

The legal custodian parent will get to make crucial decisions of a minor child’s life. He or she will have to decide where the child will study, what religion they will be taught, what health care they need, etc. The court may decide to give this custody to both of the parents. A parent who has legal custody of the child may or may not have physical custody of them.

Physical Custody

The parent who gets the physical custody will have the right to keep the child with them. This will be decided based on who can be the best caregiver for the child.

Generally, a mother is to be given the physical custody of a male child under seven and a female child who hasn’t reached puberty. Both parents may share physical custody of the children where the child lives with its father and mother in rotation.

Joint Child Custody after Divorce in Bangladesh

Child Custody after Divorce in Bangladesh

The court may decide to give both the parents custody of the child. This is a situation that judges tend to prefer since it can give the child a sense of a wholesome family.

Joint custody can be both legal and physical, or one of the two. As parents, both parents are responsible for the well-being of their children. Joint custody is the ideal solution to the issue of who gets child custody after divorce.

In joint legal custody, both parents actively participate in making decisions for the minor child. In joint physical custody, the child can rotate living with its father and mother.

Joint custody is possible when the parents are cordial to each other and capable of making decisions together that will benefit the child.

Sole Custody and Rights of Visitation

If one parent is incapable of caring for the child, then sole custody is given to the other parent. Sole custody might be given if one parent is financially, mentally, or physically incapable of caring for the child, and is neglectful or abusive to the child.

Sole custody is also given when one parent doesn’t want to care for the child. In that case, the parent can be given the rights to visit the child by the court. The terms of this right will be decided by the court.

Child Support

By law, the father is the natural guardian of the child and has the responsibility of providing for it. A mother who gets child custody can demand money from the father for child support.

If the father does not want to pay, the mother can sue him for child support. Generally, a mother gets physical custody of the child and the father has to financially support the child’s upbringing.

Child Custody Given to people other than the Parents

If the court concludes that both parents are unfit to care for the child, the custody is given to a suitable relative. The custody may be given to a grandparent, or an uncle, or an aunt. If no one in the child’s kin is suitable for child custody, the child is made a ward of the state. In that case, the child might be given in the care of a legal guardian or put into a childcare facility.

Child Custody according to major religions

In Bangladesh, Islam and Hinduism are the major religions. Both of these religions declare the father as the guardian of the child and the mother as the custodian of the child.

In simple terms, the father is responsible for the necessary decisions regarding a minor child’s upbringing. The mother has the responsibility of caring for the child.

Both religions decree that the custody of a male child under seven and a female child under fifteen be given to the mother. The father also has the responsibility of providing for the children.

The court may decide to contradict the laws dictated by religions to uphold the rights of the child.

Court Procedures for Child Custody

You will need to hire a lawyer who is well versed in divorce law and family law to fight your case in the courtroom. A lawyer will prepare their case to make you appear as a responsible caregiver of the child in front of the court. They may additionally seek to prove that your spouse is incompatible, so you can gain sole custody of the child.

If you are a mother seeking a divorce, you can also demand child support money from your husband. The father of the child is bound by the law to provide for his children whether they live with him or not. If you are a nurturing and capable mother of minor children, there is a high chance of you getting custody of them.

As a father, you will need to prove the mother incompatible to gain custody of your children. The court may choose to leave the custody of minor children to a female relative, such as a maternal aunt or maternal grandmother. If there are no such suitable relations, then the capable father will be given custody.

Child custody after divorce in Bangladesh is a complex court process. You will be safe to hire a lawyer who practices divorce and family law to present your case in court. They can help you get the best shot at gaining custody of your children.

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