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How Can a Father Seek Custody If Mother Leaves Child?

Question

I divorced my wife, and she filed cases for dowry, dower money, and maintenance for our daughter. I want to pay all the dues, but she refuses to accept them. She is also not allowing me to communicate with my daughter, who is three years old. My wife works in Dhaka while our daughter stays in the village. Legally, I understand that a daughter has the right to stay with her mother until marriage, but the mother leaves her with relatives while she works. How can I get custody of my daughter under these circumstances?

Answer

Under Bangladeshi law, the custody of a child, especially a daughter, is generally awarded to the mother until the child reaches puberty, as per Islamic law. However, the best interest of the child is always the primary consideration in custody matters.

  • Guardianship Act, 1890: Under the Guardians and Wards Act, 1890, you have the right to apply for custody if you believe the child’s welfare is not being properly taken care of. Since your ex-wife is leaving the child in the village and is working in Dhaka, you can argue that the child is not getting adequate care and attention from the mother, which may impact her well-being. The court will assess whether this arrangement is in the best interest of the child.
  • Welfare of the Child: The court always considers the child’s welfare before making any decisions. If you can prove that your daughter’s care is compromised due to her mother’s absence, the court may grant you visitation rights or even custody, depending on the circumstances.
  • Visitation Rights: Even if custody is not immediately granted, you have the right to apply for regular visitation with your daughter. You can file a petition for visitation rights, ensuring that you maintain a relationship with her while the custody issue is being decided.
  • Legal Process: You can file a custody or guardianship petition at the Family Court. Ensure that you provide evidence of your ex-wife’s living situation, how the child is being cared for, and your own capacity to provide a better environment for your daughter.
  • Best Interests of the Child: If the court finds that the mother’s current situation of leaving the child with relatives is not in the best interest of the child, the court may consider giving you custody or at least enhancing your visitation rights.

It is advisable to consult a lawyer experienced in family law to guide you through this process and ensure that all legal avenues are properly pursued to secure the best outcome for your daughter.