As per Lawkidunya, Child custody laws in Pakistan are primarily governed by the Guardians and Wards Act 1890. The law emphasizes the importance of the child’s welfare and well-being in determining custody.

Key Principles of Child Custody Laws in Pakistan

– Welfare of the Child: The child’s welfare is the paramount consideration in custody decisions.
– Custody vs. Guardianship: Custody refers to the day-to-day care of the child, while guardianship refers to the management of the child’s property and financial affairs.
– Mother’s Rights: Traditionally, the mother has custody of the child until the age of 7 for boys and puberty for girls.

Factors Influencing Custody Decisions:

– Character and Conduct: The character and conduct of the parents, including their moral fitness and ability to provide a stable environment.
– Financial Stability: The financial stability of the parents and their ability to provide for the child’s needs.
– Emotional Attachment: The emotional attachment between the child and each parent.
– Remarriage: Remarriage of either parent can be a factor in custody decisions, but it is not an automatic disqualification.

Court’s Discretion:

– The courts have significant discretion in custody decisions, taking into account the unique circumstances of each case.
– The courts may also consider the child’s preferences, if they are old enough to express a preference.
Overall, child custody laws in Pakistan prioritize the welfare and well-being of the child, while also considering the rights and responsibilities of each parent.