Best Child Custody Lawyers in Pasrur

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Sharif Law Associates

Sharif Law Associates

15 minutes Free Consultation
Pasrur, Pakistan

Founded in 2014
5 people in their team
English
Urdu
About Sharif Law AssociatesLocated in the vibrant city of Sialkot, Sharif Law Associates www.shariflawassociates.com is a leading law firm renowned for its exceptional legal services. Our firm is staffed by some of the finest legal minds in the industry, each committed to providing superior legal...
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Pakistan Child Custody Legal Questions answered by Lawyers

Browse our 6 legal questions about Child Custody in Pakistan and the lawyer answers, or ask your own questions for free.

How to file a custody petition of minor girl?
Child Custody
Family
Where is the minor living in Pakistan?
Child custody
Child Custody
Family
You may get e visitation/ physical visitation rights along with potential custody through court. Please contact at 03001199995 or [email protected].
Can my wife file for child custody in her city meanwhile my children are resident of another city.
Child Custody
Family
Regarding your query about your wife's custody petition, she can indeed file for khulla at her current place of residence, and she can include a custody case along with it. However, if she chooses to file the custody case separately from the khulla petition, there are some legal considerations to keep in mind. The law doesn't explicitly support filing it separately beyond the jurisdiction where the children currently reside. Therefore, it's crucial to address this matter carefully and ensure all legal requirements are met.

About Child Custody Law in Pasrur, Pakistan

In Pasrur, Pakistan, child custody matters are governed by either Islamic family law or secular family law, depending on the religious and marital status of the parents involved. In general, the wellbeing of the child is paramount in decisions related to custody and visitation rights.

There is a distinction between "Hizanat" and "Welayaat". Hizanat refers to physical custody and daily care while Welayaat refers to the overall guardianship of the child including decision-making on important matters such as health, education, religious upbringing etc.

Mothers are usually given preference for Hizanat for younger children, especially in their tender years, as long as she is not disqualified due to factors like re-marriage or moral turpitude. However, the court's decision relies heavily on the specific circumstances of each case and the best interests of the child.

Why You May Need a Lawyer

Child custody cases can often be complex and emotionally charged, making it important to have legal guidance. You may need a lawyer in the following situations:

  • If your case involves complicated legal issues that you are not comfortable handling on your own
  • If your case involves an international legal aspect, such as the other parent moving the child out of the country
  • If the other parent has hired a lawyer or is threatening to keep you away from your child
  • If your case involves allegations of domestic violence or child abuse

Local Laws Overview

The law relating to child custody in Pasrur is a blend of statutory and case law. The Guardians and Wards Act 1890 provides the fundamental structure of law in this area. The court, while deciding on the custody matter, takes various factors into account. These primarily include welfare, age, sex and religion of the minor, the character and capacity of the guardians and their nearness of kin to the minor.

Local laws also emphasize that a mother will not be awarded custody if she has remarried unless the court believes that it's in the child's best interests. The father, considered the natural guardian, has the right to custody if the mother is deemed unfit.

Frequently Asked Questions

Until what age a mother can claim the custody of her child?

For boys till the age of 7 and for girls till the age of puberty the mother can claim custody. After these ages, the child can choose the parent with whom they wish to live.

If a mother remarries, can she get the custody of her child?

Generally, if a mother remarries, she loses her right to custody. However, courts can award her custody if they determine it's in the best interest of the child.

Does the Pakistan legal system allow joint custody?

While joint custody is not expressly prohibited by law, it is not the norm in Pakistan's legal system. The court usually grants custody to one parent.

What happens when the custodial parent dies?

The court will decide on a new guardian based on the best interest of the child. In most cases, the other biological parent gets custody.

What is the role of welfare officers in child custody matters?

Welfare officers help to evaluate homes and living conditions in order to give the court as much information as possible to help make a decision that is in the child's best interest.

Additional Resources

For more information, you may consult the "Pakistan Law Digest" or "PLD", as it provides case laws on practically all areas of law including child custody. You may also visit the Family Court in your area. Non-governmental organizations like "Legal Aid Society" also often provide resources.

Next Steps

If you find yourself in need of legal assistance in Child Custody matters, the first step is to consult with a family law attorney who specializes in child custody, as these cases require specialized knowledge. Prepare an accurate and comprehensive account of events and circumstances pertaining to the case, as this will assist your lawyer in presenting the best case possible. Always remember, the court's primary concern is the best interests of the child or children involved.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.