As per Lawkidunya, In Pakistan, custody options for fathers after divorce are governed by Islamic law and the Guardian and Wards Act 1890. Here are some custody options available to fathers:
Sole Custody
Fathers can apply for sole custody, but this is usually granted only in exceptional circumstances, such as:
1. Mother’s unfitness: The mother is deemed unfit or incapable of caring for the child.
2. Mother’s absence: The mother has abandoned the child or is absent.
3. Child’s best interests: The court determines that sole custody with the father is in the child’s best interests.
Joint Custody
Joint custody arrangements can be made, where both parents share responsibility for the child’s upbringing. This can include:
1. Shared physical custody: Both parents have physical custody of the child for specific periods.
2. Shared legal custody: Both parents have equal rights and responsibilities in making decisions about the child’s life.
Visitation Rights
Fathers can apply for visitation rights, which allow them to spend time with their child, even if they don’t have custody. Visitation rights can include:
1. Regular visitation: Regular visits with the child, such as weekly or bi-weekly visits.
2. Supervised visitation: Visitation under the supervision of a third party, such as a social worker or family member.
3. Overnight visitation: Overnight visits with the child.
Third-Party Custody
In some cases, the court may grant custody to a third party, such as:
1. Grandparents: Grandparents may be granted custody if they are deemed suitable and in the child’s best interests.
2. Other relatives: Other relatives, such as aunts or uncles, may be granted custody if they are deemed suitable.
Factors Considered by the Court
When determining custody, the court considers various factors, including:
1. Child’s age and needs: The child’s age, needs, and welfare.
2. Parental fitness: The fitness and ability of each parent to care for the child.
3. Child’s wishes: The child’s wishes, if they are old enough to express a preference.
4. Financial stability: The financial stability of each parent.
It’s essential for fathers to consult with a qualified family law attorney to understand their rights and options regarding child custody in Pakistan.