Legal Custody of Child in Bangladesh.
The parent who will have the legal custody of their children, he/she will be responsible for making important decisions of his/her children’s lives. Decisions regarding their school, religion, whether they need tuitions or counselling etc.
Physical Custody
Physical custody determines where the children is going to reside on a regular basis. It can be shared by both parents or granted to just one. It is very important how custody is ordered at the time of the divorce as it can affect the custody later.
Joint Custody of Child in Bangladesh
When two persons are connected due to marriage contract as parents, they usually made these decisions together. When they get divorced, judges try to keep it that way if possible. Generally, the default preference is for parents to share legal custody and continue to make decisions together for their children. In order to guarantee that children have regular contact with both parents, the judges strongly give preference to order joint physical custody. This is known as joint legal custody. It can take many forms. One parent can be the primary caregiver even if the parents have joint legal custody. They may agree that it’s easier and more efficient for one parent to have greater day-to-day responsibility.
Sole Custody and Visitation provisions in Bangladesh
Joint legal custody can become very complicated for parents who aren’t able to agree on things. In cases, where parents fight over every decision related to their children, the most adopted solution is for the judge to give one parent sole legal custody of the children. The parent was is awarded with the sole custody has the sole right to make decisions about the children’s health, education, and welfare. In this scenario, the parent who is granted with the sole physical custody is the custodial parent and has the child most of the time. While the other parent is the non-custodial parent who gets the right of visitation or scheduled parenting time.
A judge might also give the decision in favor of sole legal custody, if one parent lives a great distance away, abusive or neglectful. Moreover, that one parent is not involved in the child’s day-to-day life, doesn’t spend time with the child.
Even after giving an order of joint legal custody judge can designate one parent as the tie-breaker in the event the parents can’t agree. This is not much different from the parent having sole legal custody, but it does encourage both parents in attempting to come to a resolution.
In a case where both parents are deemed unsuitable for taking care of a minor, a court may award custody to grandparents or other relatives, or make the child a ward of the state.