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Browse our 4 legal questions about Child Custody in Pakistan and the lawyer answers, or ask your own questions for free.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
