Shared parenting in Nepal is governed by the Muluki Civil Code 2074 and the Act Relating to Children, 2075 (2018). These laws establish the legal framework for child custody and emphasize the well-being of the child as the paramount concern. Here are some key points regarding shared parenting as per Nepalese law:
- Presumption of Paternity: Both parents are presumed to be the biological parents if a child is born within certain time frames related to the marriage, separation, or the husband’s death. They share joint responsibility for custody, maintenance, and expenses.
- Best Interests of the Child: The court’s primary consideration is the child’s well-being, taking into account factors like age, emotional needs, relationship with each parent, and living environment.
- Age-Based Presumptions: For children under 5, mothers generally have custody rights, and for children above 5, mothers have priority unless they remarry, after which fathers may be granted custody. The child’s wishes are considered if they are above 10 years old.
- Parental Agreements: If parents reach a mutual agreement on custody during divorce proceedings, the court typically upholds it, as long as it serves the child’s best interests1.
- Financial Considerations: Both parents are responsible for the child’s maintenance, education, and healthcare, with contributions based on income1.
- Visitation Rights: Children have the right to maintain relationships with both parents, with visitation details determined by mutual agreement or court order1.
The Act Relating to Children, 2075 further states that every child has the right to proper care, protection, maintenance, love, and affection from their parents, and that parents have equal responsibility in these matters2. In cases of divorce or separation, financial expenses for the maintenance of children are to be borne by both parents according to their capacity.
