Child Custody Procedure in Bangladesh 2023

Child Custody Procedure in Bangladesh 2023

Child custody is the legal process by which a court decides who will have the primary physical and legal care of a child after the parents have separated or divorced. In Bangladesh, child custody is governed by the Muslim Personal Law (Shariat) Application Act, 1937, and the Family Courts Ordinance, 1985.

Types of Child Custody

There are two main types of child custody: physical custody and legal custody.

• Physical custody refers to the right to have the child live with you.
• Legal custody refers to the right to make decisions about the child’s upbringing, such as education, religion, and medical care.

Joint and Sole Custody

In Bangladesh, child custody is usually awarded on a joint basis, meaning that both parents have equal rights to physical and legal custody of the child. However, the court may award sole custody to one parent if it is in the best interests of the child.

Factors Considered by the Court

When deciding child custody, the court will consider a number of factors, including:

• The wishes of the child, if they are old enough to express them.
• The physical and emotional well-being of the child.
• The stability of the home environment.
• The ability of each parent to provide for the child’s needs.
• The willingness of each parent to cooperate with the other parent.

The Child Custody Process

The child custody process in Bangladesh can be complex and time-consuming. If you are going through a divorce or separation, it is important to speak to an experienced lawyer as soon as possible. A lawyer can help you understand your rights, protect your interests, and navigate the child custody process.

The First Step

The first step in the child custody process is to file a petition with the Family Court. The petition must include the following information:

• The names and addresses of the parents and the child.
• The dates of marriage and separation.
• The reasons for the divorce or separation.
• The proposed custody arrangement.

The Second Step

The other parent will then have an opportunity to respond to the petition. If the parents are unable to agree on a custody arrangement, the case will go to trial.

The Trial

At trial, the court will hear evidence from both parents and any other relevant witnesses. The court will then make a decision about custody based on the factors listed above.

The Final Step

The court’s decision will be made in a written order. The order will include the terms of the custody arrangement, such as the amount of time each parent will have with the child and the decisions that each parent will be allowed to make.

Conclusion

The child custody process in Bangladesh can be complex and time-consuming. However, it is important to remember that the most important thing is to do what is best for your child. If you are going through a divorce or separation, it is important to speak to an experienced lawyer as soon as possible. A lawyer can help you understand your rights, protect your interests, and navigate the child custody process.

Here are some additional tips for parents going through a child custody case:

• Be prepared to compromise. The court is more likely to award custody to parents who are willing to work together and put the needs of the child first.
• Be honest with the court. The court will not be impressed by false or misleading information.
• Be respectful of the other parent. Even if you are angry with the other parent, it is important to be respectful in court.
• Focus on the child. The most important thing is to do what is best for the child.