As per Lawkidunya, In Pakistan, child custody rules for fathers after separation are governed by the Guardians and Wards Act 1890, which is influenced by Islamic law. Here are some key points to consider:
– Custody and Guardianship: The Act does not distinguish between custody and guardianship, but courts have established that custody refers to the day-to-day care of the child, while guardianship refers to the management of the child’s property and legal affairs.
– Welfare of the Child: The child’s welfare is the primary consideration in custody disputes. Courts assess factors like the child’s age, sex, religion, and emotional attachment to each parent.
– Mother’s Preferential Right: Traditionally, mothers have a preferential right to custody of young children, especially sons under seven years old and daughters until puberty. However, this can be overridden if the court determines it’s not in the child’s best interests.
– Father’s Rights: Fathers can gain custody if the mother is deemed unfit or if the child’s welfare requires it. Courts may also consider factors like the father’s financial stability and ability to provide a suitable environment.
– Remarriage: If a parent remarries, it can impact their custody rights. However, courts prioritize the child’s welfare over the parent’s marital status.
– Custodian Qualifications: Courts assess the character, financial stability, and ability of each parent to provide a suitable environment for the child.
Ultimately, Pakistani courts prioritize the child’s welfare and interests when making custody decisions, considering various factors and circumstances.