Adv Ch Shahid Bhalli

Child Custody Rights of Fathers in Pakistan as Per Law

As per Lawkidunya, In Pakistan, child custody rights of fathers are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here’s an overview of the rights of fathers:

Custody Rights

1. Natural Guardian: Under the Muslim Family Laws Ordinance 1961, the father is considered the natural guardian of his child after the age of 7 for boys and puberty for girls.
2. Custody after Age 7: After the child reaches the age of 7, the father has a stronger claim to custody, especially if the mother is not deemed fit to care for the child.

Factors Considered

1. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.
2. Character and Capacity: The court evaluates the father’s character, financial stability, and ability to provide a suitable environment for the child.
3. Relationship with the Child: The court considers the father’s relationship with the child and his involvement in the child’s life.

Rights of Unmarried Fathers

1. Limited Rights: Unmarried fathers have limited rights in Pakistan, as the mother is typically considered the primary caregiver.
2. Court Discretion: However, the court has discretion to grant custody or visitation rights to the unmarried father if it’s deemed in the child’s best interests.

Challenging Custody Decisions

1. Appeal to Higher Court: Fathers can appeal custody decisions to a higher court if they believe the decision is unfair or not in the child’s best interests.
2. Modification of Custody Orders: Fathers can also apply for modification of custody orders if there’s a change in circumstances.

Key Considerations

1. Islamic Principles: Pakistani courts often apply Islamic principles when making custody decisions, prioritizing the child’s welfare and well-being.
2. Best Interests of the Child: The court’s primary consideration is the best interests of the child, taking into account factors such as the child’s age, sex, and relationship with each parent.

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