Child custody is a burning issue after all divorce cases in Pakistan. Both parents are aware of the Guardianship and Custody legislation, so every parent uses all legal provisions to become the guardian of his child or get his full custody, even if it goes against the welfare of a minor.
The well-being of the child is the most important factor that the court takes into consideration when granting custody to a parent. For example, aspects such as the financial stability of the parent company, the reported misconduct, the character and capacity of the parent company are of particular importance.
Courts grant physical rights to one parent and visiting rights to others, but an increasing number of cases have seen shared legal responsibility and custody of each child.
According to the legal system established in Pakistan, the legal right of minors means that only the parent is responsible for the welfare of the minor concerned.
When dealing with such cases, the court may also consider the preference of the minor in question, if he is old enough to form an intelligent preference.
In Pakistan, mothers have traditionally been the property of minors, but the trend is showing signs of change. More and more women are opting for professional life, so they may not be able to raise their children as an isolated parent.
In Pakistani laws, the custody of a minor is entrusted to the mother; this right is called the right of the Hizanat. But after the age of seven, the right of a mother to the son ends, but it is not an absolute right; it was done in the boy’s interest. Girls are given to mothers until puberty. An important aspect of this law is that the behaviour of the mother is of great importance and that, if considered “unacceptable”, the right to guardianship may not be granted. In the absence of both parents, custody of the child is offered to grandparents.
However, it is important to note that regardless of custom or personal legislation, any parent who wants care for a child and is unable to reach a settlement must seek custody separately from the court. There is never an automatic transfer of custody of a child to a particular parent.
PAK-LAWYER HAVE YEARS OF EXPERIENCE IN GUARDIANSHIP, CUSTODY AND ADOPTION LAWS , SO, IF YOU HAVE SIMILAR CASE OR IF YOU NEED ANY HELP, PLEASE DO NOT HESITATE TO CONTACT US. OUR BEST LAWYERS WILL BE HAPPY TO HELP YOU WITH FREE LEGAL ADVICE ON GUARDIAN, ADOPTION OR CHILD CUSTODY CASE.