Abstract:
An examination of child care and custody law in Bangladesh, the legal framework governing
these aspects and their practical implications. Bangladesh, like many other jurisdictions,
struggles with evolving social norms, cultural nuances and economic dynamics that affect the
application and effectiveness of existing laws. The study begins by providing an overview of the
relevant legislation in Bangladesh, including the Guardians and Trustees Act 1890 and the
personal laws applicable to the country and its various communities. It examines the guiding
principles of parenting decisions, with a particular focus on the best interests of the child.
The practical reality that families face in the legal system when it comes to obtaining custody or
guardianship of a child. Challenges such as delays in court proceedings, access to legal
representation and socio-economic inequalities are explored, shedding light on the gap between
legal ideals and practical experience. In addition, cultural and social factors influencing
guardianship decisions are carefully explored and the intersection of gender, religion and
socioeconomic status is acknowledged. The abstract also discusses the changing nature of family
structures in Bangladesh and how the legal system responds to family diversity.
Child custody and custody issues in Bangladesh can arise from various situations such as
divorce, separation, parental disputes or the death of a parent. When a guardian is appointed, it is
decided with whom the child lives and who has the authority to make important decisions
regarding the child's upbringing, education, health care and religious education. However, if no
agreement is reached, the matter can be referred to the family court, which plays a key role in
resolving disputes related to child support and custody. Despite the fact that the courts base their
decisions on the welfare of minors, section 19 of the law places the guardian andquot;
welfare.andquot; the fact that only minor children are recognized and practiced in our legal
system is another problem with guardianship rules. However, guardianship is as necessary for
insane and mentally ill adults as it is for small children.
