Adv Ch Shahid Bhalli

Rights of Father in Child Custody as Per Law in Pakistan

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.

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