Child Custody Law in Pakistan | Ch Law Associates
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Step To Protect Your Child’s Future with Care & Law
A divorce can end a marriage and rights over each other, but parental responsibilities never end. The Child Custody Law in Pakistan decides in the best interest of the child to protect their well-being.
What is child custody?
Child Custody means deciding which one of the parents is most eligible to have physical custody of a minor. After a divorce, children are the ones who go through the most, and in the end, a question remains: which one will continue the child’s upbringing?
For this purpose, the parents or the other guardians, if both parents are deceased, apply for a Child Custody Case. Under the Guardians and Wards Act, 1890, the court’s primary concern is always the best upbringing and welfare of the child
When is a child custody case opened?
If both parents can’t decide who will retain the custody of the minor, they can file a custody case in court. This case is sensitive because it’s the right of the child to grow up in a healthy environment and get the love of both parents.
But the circumstances, not allow doing this, and the court decides which party can be responsible for a child’s upbringing.
Our Child Custody Services Include:
Child Custody Procedure in Pakistan
To file a case for the custody of a child, one must know the rules and procedures that are implemented by the court.
Every step of the process is handled by expert lawyers with Emotional Support and Guidance.
Child Custody Laws in Pakistan
The law of Guardianship and child custody in Pakistan is defined as the Guardians and Wards Act 1890. The Act established procedures for handling matters related to minors and guardianship concerns, apart from granting a minor’s custody, and the welfare of the child.
The court makes a decision to grant the minor’s custody to either of the parents. Afterward, it’s the parents’ right to raise and care for the child, and responsibility to make decisions regarding the child.
Guardians & Wards Act, 1890
Under Sections 17 and 25 of the Guardians and Wards Act, 1890, the rights regarding custody of minors by their parents are termed as “Hizanat” and “Willayat”. Custody of the minor by the mother refers to the words “Hizanat” or “Hidanat”, while the custody of the minor by the father means “Willayat”.
These terms cannot be limited to the extent of the father and mother because the upbringing of the child can be done by any person who has legal rights.
Types of Child Custody
Physical Custody
The child lives with one parent, while the other gets the visitation rights.
Legal Custody
The right to make major decisions regarding the child’s education, health, and upbringing.
Joint custody
Both parents share the responsibility of the child equally.
Who Gets Child Custody in Pakistan?
The court follows certain rules.
Mother’s Right to Custody (Hizanat):
For sons: Until the age of 7 years.
For daughters: Until puberty
Father’s Right to Custody:
After the mother’s term ends, the father has the right to custody.
Factors affecting courts’ decisions
Gender of the child
Factors that disqualify parents from custody grant
Why Choose Our Legal Team
Ready to Secure Your Child’s Future
Don’t compromise on your child’s future; give them the best they deserve. CH Law Associates will help you through the entire child custody process legally in Pakistan
Your child deserves peace; let us protect their tomorrow.