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.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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