As per Lawkidunya, Here is the Pakistan child custody court procedure for fathers:
Pre-Filing Preparation
1. Gather documents: Collect relevant documents, such as:
1. Birth certificate of the child
2. Marriage certificate (if applicable)
3. Divorce certificate (if applicable)
4. Proof of income and financial stability
5. Proof of residence and address
2. Consult a lawyer: Engage a qualified lawyer who specializes in family law and child custody cases in Pakistan.
3. Understand the law: Familiarize yourself with the relevant laws and regulations governing child custody in Pakistan.
Filing a Petition
1. File a petition: Your lawyer will help you file a petition in the relevant court, seeking custody of your child.
2. Specify grounds: Clearly specify the grounds for seeking custody, such as:
1. Mother’s unfitness or inability to care for the child
2. Child’s best interests and welfare
3. Father’s suitability as a custodial parent
3. Attach supporting documents: Attach supporting documents, such as:
1. Medical reports
2. Police reports (if applicable)
3. Witness statements
Court Proceedings
1. Notice to the mother: The court will issue a notice to the mother, informing her of the petition and requiring her to respond.
2. Mother’s response: The mother will have a specified time period (usually 30 days) to respond to the petition.
3. Hearing: The court will schedule a hearing to consider your petition and the mother’s response.
4. Present your case: Your lawyer will present your case, highlighting your suitability as a custodial parent and the best interests of the child.
5. Cross-examination: The mother’s lawyer may cross-examine you and your witnesses.
6. Court decision: The court will make a decision based on the evidence presented and the best interests of the child.
Post-Court Decision
1. Comply with court orders: If you are granted custody, ensure you comply with the court’s orders and arrangements for visitation and communication with the mother.
2. Maintain a positive relationship: Try to maintain a positive relationship with the mother, as this can benefit your child’s well-being and facilitate co-parenting.
Relevant Laws and Courts
1. The Muslim Family Laws Ordinance 1961: This ordinance governs family law matters, including child custody, for Muslims in Pakistan.
2. The Guardians and Wards Act 1890: This act governs the appointment of guardians and the custody of minors in Pakistan.
3. Family Courts: Family courts in Pakistan have jurisdiction over child custody cases.