As per Lawkidunya and according to Pakistani law, fathers have the following rights in child custody cases:
Rights of Fathers
1. Right to Custody: Fathers have a right to custody of their children, especially after the mother’s preferential period ends (7 years for boys, puberty for girls).
2. Right to Visitation: Fathers have a right to visitation and access to their children, even if they do not have custody.
3. Right to Guardianship: Fathers have a right to guardianship of their children, which includes the right to make decisions about their education, healthcare, and welfare.
4. Right to Maintenance: Fathers have a right to claim maintenance for their children from the mother, if she is financially stable.
Conditions for Fathers to Get Custody
1. Age of the Child: Fathers can get custody of their children after the mother’s preferential period ends (7 years for boys, puberty for girls).
2. Mother’s Fitness: If the mother is unfit or unable to care for the child, the father can get custody.
3. Child’s Welfare: The court’s decision will be based on the welfare and best interests of the child.
4. Father’s Character and Conduct: The father’s character and conduct will be taken into account when deciding custody.
Laws Governing Fathers’ Rights
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.
Important Notes
1. Court’s Discretion: The court has significant discretion in child custody cases and will make decisions based on the unique circumstances of each case.
2. Child’s Best Interests: The child’s best interests and welfare are the paramount consideration in child custody cases.
3. Seeking Legal Advice: Fathers seeking custody or visitation rights should consult with a qualified lawyer to understand their rights and options.