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Guide to Child Custody Law | Child Custody Lawyer in Bangladesh

Child Custody Law in Bangladesh

This is a guide discussing the laws and provisions related to child custody in Bangladesh and addressing the key issues that we being a top family law related law firm who also has the necessary expertise in relation to divorce laws in Bangladesh, deals as a custody lawyer in Bangladesh

Marriage is a natural institution. However, when the matrimonial conflict arises and leads it to the dissolution of marriage, it brings many legal complexities with it. A divorce case also encompasses several other issues such as Child Custody. Everybody will recognize that family issues are the most private and sensitive issues for any human being. 

Since there are too many legal complications involved, it becomes mandatory to consult a Custody lawyer in Bangladesh who has the deep understanding of the legal rights and obligations of the custody law in Bangladesh. A lawyer can help the client to create the best possible arrangement for them and their children. Hiring a knowledgeable and experienced lawyer can make things less complicated and difficult. A proper Custody Lawyer/Advocate can make the whole process easy for you. 

In Bangladesh, custody and guardianship of children cases are governed by the Family Courts Ordinance, 1985 and Guardians and Wards Act, (GWA) 1890. Children are the most precious part of the lives of their parents, therefore the decisions about the custody and guardianship of children can be the most challenging and emotional in a divorce. Child custody lawyers can provide assistance to parents in disputes relating to custody of their children. This aspect of a divorce is very emotional for all parents. Therefore, it requires the most peaceful and lawful solutions through family court.

Our Custody Lawyers in Bangladesh | Mode of Work

Child Custody lawyer

Custody lawyers work with a parental guardian and represent that one party in legal custody battle. The lawyer present evidence to persuade the court that their client is better fit to take care of a child, therefore should gain or retain the custody of their children. Custody lawyers also provide counsel before a case goes to trial. Moreover, a custody lawyer helps their client obtain or retain the custody of their child/children.

Scope of work of a Child Custody Lawyer

The role of child custody lawyers is to work with a parental guardian and the other parent’s lawyer (or the other parent if he or she is not represented) to establish a parenting plan and custody arrangement that works for both the client and children. At first the custody lawyer shall try to propose a plan that can be agreeable mutually. However, if the both parties cannot agree mutually then the custody lawyer shall develop a case for litigation in court.  

The custody lawyer can offer legal advice and begin assisting with the research and preparation of each client's custody case. He/she explains each step of the process to the client and offers the best advice possible for each scenario. Most importantly, the custody lawyer represents his/her client throughout the trial process. 


Child Custody Lawyer in Bangladesh

Drafting of Child Custody Agreement by a Custody Lawyer in Bangladesh | Post Divorce

Whenever possible parents should try to reach an agreement, they both can accept. Then they should put that in writing. Generally, the courts do not interfere with an agreement made by parents about custody and access. This is the least disruptive and least expensive route to ensure a smooth custodial transition for children. 

A child custody agreement is a very important document subsequent for divorce parenting. The custody lawyer can draft the agreement as per Bangladeshi Laws ensuring the key ingredients are present in the agreement. The best child custody agreement contains a child's changing needs based on his or her stage of development. While drafting the agreement, he can make sure that the areas of concern are covered. After that the custody lawyer will secure the attestation of the child custody agreement.

Court Interfere in case an amicable settlement could not be achieved.

However, if parents or guardians cannot reach to an agreement, they must go to court. Usually the most preferred decision judges give regarding custody is Joint physical custody, so that the children get both of the parents. However, if the parents really do not get along and pick up argument on every single decision about child’s life, the custody lawyer shall explain the clients as well as the judges the reasons for not choosing the option for joint physical custody. The custody lawyer will try to convince the judges with his/her logical legal arguments that joint physical custody will not be a good decision for the betterment of the children of his/her client. If the judges get convinced, the court will give sole custody to one parent and the decision can be in favor of his/her client. 

In case the child is neglected or dumped by parents, or the parents who has rightful custody leads an immoral life, another adult can file a petition in the court seeking custody of that children. In such situations, the court can reconsider the custody arrangement. The courts may consider the third parties’ interests and may award custody to grandparents or other relatives, or make the child a ward of the state. The custody lawyer can also help in this situation to present the case in front of the judges.

Child custody is a very sensitive issue as children are involved in it. A child custody lawyer has the expertise to deal with the matter diligently. Therefore, it is imperative that a parental guardian should hire a child custody lawyer while dealing with custodial issue.