Who Gets The Child Custody After Divorce In Pakistan?

In Pakistan, either parent who is seeking custody of their children from the court will have to file a separate suit - even if there is already a family dispute going on between the husband and wife. If either parent wants to be awarded custody of their children, they will have to prove to the court that the child would be better off with them. After a divorce or separation, the custody of children is always the main issue that fathers and mothers disagree about. The court usually decides on child custody by taking into account the financial stability of the parents, the parents' reputations in society, and the character of the parents. Furthermore, in certain cases, the court also takes into consideration the opinion of the minor when deciding which parent to live with if the minor is old enough to form a reasonable opinion. At Burhan & Associates, being the top family lawyers in Lahore, we provide you with expert opinion to help you win custody of your children from the court system. We strategize your case so that you have the best chance possible of gaining custody of your children from the guardian court. We know how important your children are to you and we will do everything we can to help you get them back.

Who Gets The Child Custody After Divorce In Pakistan?<

If you're going through a divorce in Pakistan, child custody is likely to be a big issue. Parents often want to know about their custody rights so that they can try to get custody of their children. If you find yourself in a child custody dispute, it's important to be aware of your rights under the law. You should also consider getting in touch with a lawyer who specializes in family law. They'll be able to give you the best advice on how to proceed. The court's primary concern when deciding the custody of minors is the welfare of the child or children. The court will consider factors such as the financial stability, lifestyle, education, and character of each parent before making a decision. The court will also take into account the age, sex, and religion of the child or children when determining welfare. There is no solid rule that always favours the father or mother when it comes to deciding custody of a minor, but rather the best welfare of the child is considered by assessing the specifics of each case. For example, if a suckling toddler is involved, the usual preference is given to the mother having custody. However, over the years, family courts have observed that this is not a set-in-stone rule. If the mother is sick, mentally ill, or for any other reasondeemed unfit to provide the best welfare to the child, custody can be given to the father. When it comes to the sex of the minor, preference is typically given to the mother. However, family law has recently evolved to benefit the father when it comes to custody of the minor, if the mother is deemed unfit to offer best welfare to the daughter. It is important to note that religious beliefs do not necessarily disqualify a parent from custody of a minor. Only in cases where a parent is Christian while the minor is Muslim would preference be given to the Muslim parent. However, it's important to keep in mind that the court will still take other factors into consideration when determining custody and not base their decision solely on this one factor. As mentioned before, the court may also offer the minor the opportunity to choose which parent he or she would like to live with if the child is of sound mind and is able to make such a decision - this is based on the principle of parental preference. Before offering a right to a minor, the court would ensure that the minor fully understands good and bad for him/herself. By doing this, the court puts the minor to the test by asking questions to the minor. If convinced that the minor is rational and sound to determine the best for him/herself, then the right shall be offered to him/her to choose from the parents with whom he/she wants to live.

Child Custody Law in Pakistan

In Pakistan, child custody laws often prioritize the mother for custodial rights, but the father can also be awarded custody if the court determines that the child’s best interests are better served under his care. The primary focus for the court in child custody matters is the welfare of the minor. Regardless of who is awarded custody, the other parent is typically granted visitation rights to maintain a relationship with the child.

FAQs

If parents are unable to reach an agreement on child custody following separation or divorce, the non- custodial parent has the right to file a custody petition in court immediately.

No, a mother does not lose custody of her minor child solely because she obtained a khula (judicial divorce). Although there is a common misconception that she loses this right, legally this is untrue.

No, a mother does not automatically lose custody rights over her minor child if she remarries. This is a common misunderstanding, but it has no legal basis.

Typically, the parent who does not have custody files a petition for child custody. This may happen if, for example, the father takes the child without consent, or the mother retains custody without an agreement, and the non-custodial parent wishes to seek custody through the court.

The non-custodial parent files a custody case in court with the assistance of an experienced child custody lawyer. After submitting the case, the court will call the custodial parent to respond in writing. Both parents then present evidence to support their respective claims, and the court, after careful consideration, decides which parent will retain custody based on the best interests of the child.

The court’s primary consideration in custody cases is the welfare and best interest of the child. It assesses various factors, including:
A change in the custodial parent’s religious affiliation
Neglect in providing the child’s education or basic needs
Exposure to an unsafe environment, such as residing with a person with a criminal background
The custodial parent’s social reputation, which may impact the child’s upbringing
Non-compliance with court orders, like decrees concerning spousal obligations

In Pakistan, non-custodial parents have a legal right to visitation with their child. The Supreme Court of Pakistan has stated that regular contact with the non-custodial parent serves the child’s best interest, allowing them to build a healthy relationship with both parents.

Yes, parents can come to a mutually agreed-upon custody arrangement with the help of a lawyer in Pakistan. This agreement can then be legally binding and may be presented as evidence in court if needed.

Yes, guardian courts in Pakistan are responsible for establishing child custody arrangements to ensure they meet the child’s best interests.

Yes, we can help connect you with a qualified child custody lawyer. Share your location with us, and we’ll see if there’s someone on our panel available near you.

Yes, we specialize in family law, including child custody cases, and have experienced child custody attorneys on our team.

A child custody bond is a type of surety that may be required by the guardian court. This bond acts as security when granting custody of a minor.

Yes, parents can request visitation rights or temporary custody for special occasions, such as a child’s birthday, through the court.

Guardian courts in Pakistan have the authority to issue child custody certificates.

A declaration for child custody can be obtained from the guardian courts in Pakistan.

Consulting with a qualified child custody lawyer can help determine the specific documents required for your case. Generally, documents like the NADRA-issued birth certificate of the child, the marriage certificate, and copies of the parents’ ID cards are necessary.

In Pakistan, child custody disputes are solely handled by the guardian courts. No other agency or institution has the authority to make custody decisions.

Yes, it is often easier for mothers to obtain custody compared to fathers, especially if it aligns with the child’s welfare.

Who Gets The Child Custody After Divorce In Pakistan?