As per Lawkidunya, The Pakistan Child Custody Act for Fathers is not a specific act, but rather a collection of laws and regulations that govern child custody in Pakistan. However, I can provide you with an overview of the relevant laws and regulations that apply to child custody cases involving fathers in Pakistan:
Relevant Laws and Regulations
1. The Guardians and Wards Act 1890: This act governs the appointment of guardians and the custody of minors in Pakistan.
2. The Muslim Family Laws Ordinance 1961: This ordinance governs family law matters, including child custody, for Muslims in Pakistan.
3. The Pakistan Penal Code 1860: This code governs criminal law in Pakistan, including offenses related to child custody.
Key Provisions
1. Custody of Minors: The Guardians and Wards Act 1890 provides that the custody of minors shall be determined by the court, taking into account the welfare of the child.
2. Father’s Right to Custody: The Muslim Family Laws Ordinance 1961 provides that the father has a right to custody of his child after the mother’s preferential period ends (7 years for boys, puberty for girls).
3. Mother’s Preferential Right: The Muslim Family Laws Ordinance 1961 provides that the mother has a preferential right to custody of her child during infancy (0-7 years for boys, 0-puberty for girls).
4. Welfare of the Child: The Guardians and Wards Act 1890 provides that the welfare of the child is the paramount consideration in custody decisions.
Procedure For Obtaining Custody
1. Filing a Petition: The father must file a petition in the relevant court, seeking custody of his child.
2. Notice to the Mother: The mother must be served with notice of the petition, and she must be given an opportunity to respond.
3. Hearing: The court will hold a hearing to determine the custody of the child, taking into account the welfare of the child and the rights of both parents.
4. Court Decision: The court will make a decision regarding custody, which may include granting sole custody to one parent or joint custody to both parents.
Remedies For Fathers
1. Custody: The father may seek custody of his child, either sole or joint.
2. Visitation Rights: The father may seek visitation rights to spend time with his child.
3. Child Support: The father may seek child support from the mother to contribute to the child’s expenses.
Please note that these laws and regulations are subject to interpretation and may vary depending on individual circumstances. It is recommended that fathers seeking custody or visitation rights consult with a qualified lawyer to understand their rights and options.