As per Lawkidunya, In Pakistan, child custody laws are governed by Islamic law and the Guardian and Wards Act 1890. While the laws are complex, I’ll provide an overview of child custody for fathers in Pakistan after divorce:

General Principles:

1. Welfare of the child: The court’s primary consideration is the welfare and best interests of the child.
2. Islamic law: Islamic law (Shariah) plays a significant role in determining child custody. According to Shariah, the mother is usually preferred as the primary caregiver for young children.
3. Guardian and Wards Act 1890: This Act provides a framework for the court to determine custody based on the child’s welfare.

Custody Options For Fathers in Pakistan After Divorce

1. Sole custody: Fathers can apply for sole custody, but this is usually granted only in exceptional circumstances, such as:
– The mother is deemed unfit or incapable of caring for the child.
– The mother has abandoned the child or is absent.
2. Joint custody: Joint custody arrangements can be made, where both parents share responsibility for the child’s upbringing. However, this is not always possible, especially if there is a high level of conflict between the parents.
3. Visitation rights: Fathers can apply for visitation rights, which allow them to spend time with their child, even if they don’t have custody.

Factors Considered by the Court:

1. Child’s age: The court considers the child’s age and needs. For example, young children may be preferred to stay with their mother.
2. Parental fitness: The court assesses the fitness and ability of each parent to care for the child.
3. Child’s wishes: Older children may be asked about their preferences regarding custody.
4. Financial stability: The court considers the financial stability of each parent and their ability to provide for the child.

Challenges For Fathers in Pakistan After Divorce

1. Societal bias: Unfortunately, there may be a societal bias in favor of mothers in custody disputes.
2. Limited understanding of father’s rights: Some fathers may not be aware of their rights or may face difficulties in navigating the court system.

Recommendations For Fathers:

1. Seek professional advice: Consult with a qualified family law attorney who has experience in child custody cases.
2. Document everything: Keep a record of all interactions with the child, including dates, times, and details of conversations.
3. Focus on the child’s welfare: Prioritize the child’s needs and demonstrate a willingness to cooperate with the mother, if possible.
Remember, each case is unique, and the court’s decision will depend on the specific circumstances. Fathers should be prepared to present their case and demonstrate their ability to provide a stable and loving environment for their child.