Child Custody/Adoption After Divorce
Right Law Associates | Child Custody Law – Pakistan
Children are considered under the law in terms of guardianship, representing the relationship between parent and child under their care. Child custody includes legal custody, allowing a parent to make decisions for the child, and physical custody, granting the right and responsibility to provide shelter and care. Parental custody entails responsibility for the child’s health, education, and overall welfare, with courts prioritizing the child’s best interests over parental rights.
How to Apply for Full Custody of Your Child in Pakistan
District courts can hear petitions under the Guardians and Wards Act (GWA), appointing a guardian or recognizing one’s judicial authority over a child.
Child Visitation Schedules
Courts may grant fathers visitation on half of school holidays, alternate weekends, public holidays, and special occasions like birthdays or death anniversaries. A basic visitation schedule can be challenged if it conflicts with the child’s welfare. Cases are heard in Family Courts, and appeals can be filed to higher courts or even the Supreme Court if necessary.
Importance of Child Welfare
Child welfare is a primary consideration in determining custody rights. Courts evaluate parents’ financial stability, potential abuse, character, and parenting abilities. Increasingly, many cases result in shared responsibility between parents. Custodial laws in Pakistan are categorized as physical and legal, with minors’ rights ultimately determined by the judiciary.
Definition of Child Custody
Child custody determines how children are cared for in the event of parental separation, death, or inability of a family to raise children. Courts always prioritize children’s safety. Custody typically means that physical care is provided by one parent, while parental authority remains with the parent to make major decisions regarding the child.
Court Proceedings
Anyone wishing to become a guardian must apply to the court under the GWA. Applications cannot be delayed until legal recognition is obtained. Courts ensure proper notice to interested parties and may grant temporary custody or supervision of a minor, especially in sensitive cases.
Child Custody Laws in Pakistan
Guardianship and child custody are governed under the Guardians and Wards Act, 1890, which has been periodically amended. Custody ensures a parent can raise and care for their child, including essential education, religious guidance, and welfare. After divorce or khula, custody disputes are common, requiring consultation with family courts to resolve issues fairly.
Khula and Visitation Rights
Custody disputes often arise following a non-judicial or judicial divorce. The Khula Procedure in Pakistan allows a wife to initiate divorce while addressing child custody issues. Courts evaluate visitation rights carefully, balancing parental involvement with the child’s best interests.
Duration of Custody Proceedings
Child custody hearings can take months due to the complexity of child development, psychology, and appeals. Family courts operate similarly to civil courts, but enforcement of decisions continues until justice is served.
Legal Age and Rights for Custody
Under Pakistani law, mothers typically have hizanat rights until the child reaches seven years old, after which custody considerations may change based on the child’s welfare and court decisions. Fathers or grandparents may assume custody under specific circumstances.
Ideal Lawyers for Child Custody and Guardianship Cases
Child custody is a sensitive issue in Pakistan, often arising after divorce. Courts prioritize child safety, parents’ financial stability, behavior, and capabilities. Custody decisions require experienced lawyers who understand legal nuances and can represent parents effectively.
Factors Affecting Custody
Mothers may be disqualified for custody due to criminal records, drug use, poor social reputation, or lack of religious affiliation. Custody disputes can also arise after remarriage, particularly if children are at risk. Courts consider all factors to ensure the child’s best interests.
Guardianship and Visitation
Both parents may receive guardianship, with schedules adjusted as children grow. Courts ensure visitation rights align with children’s needs. Equal parenting and joint custody are becoming more common in Pakistan, reflecting shared parental responsibilities.
Guardians & Wards Act, 1890
Sections 16, 17, and 25 of the GWA define hizanat and wilayat, establishing parental rights and responsibilities. Custody typically involves physical care by one parent, while guardianship allows decision-making authority.
How Right Law Can Help
Experienced child custody lawyers provide guidance on all aspects of guardianship, visitation, and custody disputes. Whether negotiating mutually or pursuing court decisions, professional advice ensures the child’s welfare is prioritized. Understanding the Divorce Law in Pakistan is also essential for resolving custody matters legally and fairly.