Question: A girl child from the first marriage is currently with the mother. The child’s father has remarried. If the child’s mother gets remarried and her second husband agrees to take responsibility, including child maintenance, can the first father take custody of the child immediately? The first father has not paid maintenance, fulfilled any duties, or allowed the birth registration. What does the law of Bangladesh say about this situation?
Answer: In Bangladesh, child custody after divorce or separation is determined by the Guardianship and Custody of Children Act, 2013. The welfare of the child is the primary consideration in deciding custody, and both parents’ rights and responsibilities are taken into account.
Here are the key points regarding the situation:
- Mother’s Custody: Generally, in Bangladesh, mothers have the right to custody of children below the age of 7. After this age, custody can be determined by the court, considering the child’s welfare. Since the child is still young, the mother usually retains custody.
- Father’s Right to Custody: A father can seek custody of the child, but he must approach the court. If the father has not fulfilled his responsibilities, such as providing maintenance or registering the child’s birth, it may negatively affect his claim for custody.
- Effect of Mother’s Remarriage: If the mother remarries and her new husband accepts the child and agrees to provide for the child’s needs, this does not automatically affect the father’s rights. The biological father can still seek custody through the court, but his failure to fulfill his duties (maintenance, support, birth registration) will be taken into account in court.
- Child Maintenance: The court will likely evaluate whether the father has contributed to the child’s welfare. His neglect of responsibilities, such as not paying maintenance, will be a factor the court considers in any custody decision.