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Browse our 1 legal question about Child Custody in Sri Lanka and the lawyer answers, or ask your own questions for free.
In Dehiwala-Mount Lavinia, Sri Lanka, Child Custody laws primarily focus on the welfare and best interests of the child. The custody of a child under 12 years of age is usually granted to the mother, if she is deemed fit, under Sri Lankan law. However, the court can deviate from this general rule if it finds that it is not in the best interest of the child.
Child custody suits are often complex and emotionally charged. They can involve vast amounts of paperwork, court hearings, and substantial legal know-how. You may need a lawyer to help you understand the laws pertinent to your situation, interpret legal documentation, and present your case in the best light in court. A lawyer can also help in settling disputes out of court, drafting custody agreements, and renegotiating terms of the agreement in the future.
Sri Lankan law places the welfare of the child as the primary consideration in child custody decisions. It considers factors such as the parents' mental and physical health, the child’s age, and the child’s attachment to their parent(s), among other things. Cases are handled in Family Courts under Family Law (No. 1) Act. Under this law, mothers are usually preferred for custody for children under 12, however, this can be overridden if it is deemed not in the best interest of the child.
Typically, the court will grant custody to the mother for children below 12 years of age. However, the court will always prioritize the best interests of the child, which may override this rule.
Yes, child custody orders can be modified if circumstances change, and it becomes necessary for the well-being of the child. This must however be done through the court.
If parents reach an agreement about child custody, they can draft a mutual agreement, which should be approved by the court for legal validity.
Only under exceptional circumstances, such as where it has been proven that the father's visits are harmful to the child's welfare, can court deny a father's visitation rights.
The court may take into account the child’s preference, especially if the child is considered of an age and maturity to express a valid opinion, but the ultimate decision rests on the child's best interest.
For more assistance and resources, you may look to the Sri Lanka Judiciary's website and the Children's Secretariat. The Department of Probation and Child Care Services can also provide assistance related to child rights and welfare.
If you need legal assistance for child custody, consider consulting with a lawyer specializing in family law. You might also want to gather all necessary documents and information, such as child's birth certificate, your marriage certificate, and any relevant correspondence between the spouses regarding custody, and so on. Legal support organizations can offer guidance and assistance in navigating the process.
