As per Lawkidunya, Child custody laws in Pakistan for overseas parents are governed by the Guardians and Wards Act 1890. The law prioritizes the welfare and best interests of the child, considering factors such as age, sex, religion, and the character and capacity of the guardian.

Custody Rights

In Pakistan, the mother typically has custody rights until the child reaches the age of 7 for boys and puberty for girls. However, the courts can deviate from this principle if it’s deemed not in the child’s best interests.

Overseas Parents

For overseas parents, the courts consider the following factors when determining custody:

– Welfare of the Child: The court’s primary concern is the child’s physical, emotional, and psychological well-being.
– Distance and Communication: The court considers the distance between the parents and the child, as well as the ability of the parents to communicate with the child.
– Visitation Rights: The court may grant visitation rights to the non-custodial parent, taking into account the child’s best interests.

Challenges For Overseas Parents

Overseas parents may face challenges in securing custody or visitation rights, including:

– Distance and Accessibility: The physical distance between the parent and the child can make it difficult to maintain a relationship.
– Cultural and Social Barriers: Cultural and social differences between Pakistan and the overseas parent’s country of residence can create barriers to communication and understanding.

Seeking Legal Advice

It’s essential for overseas parents to seek legal advice from a qualified attorney in Pakistan to navigate the complexities of child custody laws.