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Child Custody and Support in Bangladesh: Legal Considerations for Parents in Different Scenarios

Updated: Apr 3, 2023






Child custody and support in Bangladesh are crucial legal matters that parents must consider. The laws governing child custody and support in Bangladesh are complex, and it is essential for parents to understand their rights and responsibilities.



Legal Considerations for Child Custody in Bangladesh:


The laws governing child custody in Bangladesh are primarily based on the Muslim Personal Law, which applies to Muslims, and the Hindu Family Law, which applies to Hindus. However, the laws of child custody in Bangladesh vary depending on the religion of the parents and the age and gender of the child. In general, child custody in Bangladesh is based on the best interests of the child. In some cases, the court may award custody to one parent or grant joint custody to both parents.


In Bangladesh, the father is the natural guardian of his children. However, if the father dies or is unable to act as a guardian, the mother may be appointed as the guardian. If both parents are unable to act as guardians, the court may appoint a guardian for the child.


The custody of a child can be challenged in court by either parent or another interested party, such as a grandparent or a relative. The court will consider various factors when determining custody, including the child's age, gender, and needs, the parent's ability to provide for the child's needs, and the child's relationship with each parent.



Legal Considerations for Child Support in Bangladesh:


Child support is an important issue that parents must consider when going through a divorce or separation. In Bangladesh, child support is based on the Income Tax Ordinance, of 1984. The law requires both parents to support their children financially, regardless of who has custody of the child. The amount of child support is usually determined by the court and is based on the needs of the child and the ability of each parent to provide financial support.


Parents who fail to pay child support may face legal consequences, such as fines or imprisonment. It is important for parents to understand their obligations and to make sure that they are paying the appropriate amount of child support.



Scenarios and Examples:


Scenario 1:


Sara and Ali are married and have two children. Sara files for divorce and requests custody of the children. Ali contests the custody and asks for joint custody. The court considers the children's best interests and decides to grant joint custody to both parents.


Example: The court may order Sara and Ali to alternate custody of the children on a weekly or bi-weekly basis. They may also be required to attend co-parenting classes to help them communicate and cooperate in the best interests of their children.



Scenario 2:


Sadia and Kamal have two children and are going through a divorce. Kamal is the primary breadwinner and is required to pay child support. However, Kamal refuses to pay child support, and Sadia files a case against him in court.


Example: The court may order Kamal to pay child support to Sadia based on his income and the needs of the children. If Kamal fails to pay child support, he may be fined or imprisoned. The court may also order his employer to deduct child support from his salary and pay it directly to Sadia.



Scenario 3:


Rahim and Fatima are divorced, and Fatima has custody of their child. Rahim is required to pay child support, but he loses his job and is unable to pay. Fatima files a case against him in court.


Example: The court may consider Rahim's financial situation and may order him to pay a reduced amount of child support based on his income. If Rahim is still unable to pay, the court may order him to perform community service or find a new job. The court may also consider other sources of income, such as rental properties or investments, that Rahim may have and may order him to pay child support from those sources.



Scenario 4:


Zahid and Aisha are divorced, and they have joint custody of their child. However, Zahid frequently fails to show up for his scheduled time with the child, causing Aisha and the child distress.


Example: Aisha may file a case in court to modify the custody arrangement, seeking to have sole custody of the child due to Zahid's failure to exercise his parenting time. The court may consider Zahid's behaviour and may grant Aisha sole custody of the child, with supervised visitation for Zahid until he can show that he is capable of providing consistent and reliable care for the child.



Conclusion:


Child custody and support are important legal considerations for parents in Bangladesh. It is crucial for parents to understand their rights and obligations and to work with a lawyer who is knowledgeable about the laws governing child custody and support in Bangladesh. Parents should always keep the best interests of the child in mind when making decisions related to custody and support. By doing so, parents can ensure that their children's needs are met and that they have the best possible future.

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