As per Lawkidunya, In Pakistan, permanent child custody laws and regulations are primarily governed by the Guardians and Wards Act 1890. This Act gives courts the discretion to make decisions based on the “welfare of the minor,” which is considered the paramount consideration.

Key Principles:

– Welfare of the Minor: The court’s primary consideration is the welfare of the child, which includes their physical, emotional, and psychological well-being.
– Custody vs. Guardianship: Custody refers to the day-to-day care of the child, while guardianship refers to the management of the child’s property and financial affairs.
– Mother’s Preferential Right: In Islamic law, the mother has a preferential right to custody of the child until the age of seven for boys and puberty for girls.

Factors Considered in Custody Decisions:

– Age and Sex of the Child: The court considers the age and sex of the child in determining custody.
– Character and Capacity of the Guardian: The court evaluates the character and capacity of the guardian to provide a stable and loving environment for the child.
– Financial Stability: The court considers the financial stability of the parties in determining custody.
– Emotional Attachment: The court gives importance to the emotional attachment of the child with each parent.

Disqualification of a Custodian:

– Remarriage: A mother may lose her preferential right to custody if she remarries a person who is not related to the child within the prohibited degrees.
– Bad Character: A custodian with a bad character or reputation may be disqualified from custody.
– Financial Instability: A custodian who is financially unstable may be disqualified from custody.

Ultimately, the court’s decision is guided by the principle of “welfare of the minor,” and all other factors are considered subordinate to this principle.