Adv Ch Shahid Bhalli

Child Custody Laws For Fathers in Pakistan – Factors & Discretion

As per Lawkidunya, Pakistan child custody laws for fathers are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here are some key aspects of child custody laws for fathers in Pakistan:

Rights of Fathers

1. Right to custody after mother’s preferential period: The father has a right to custody of his child after the mother’s preferential period ends (7 years for boys, puberty for girls).
2. Right to custody if mother is unfit: The father has a right to custody if the mother is unfit or unable to care for the child.
3. Right to visitation: The father has a right to visitation and access to his child, even if he does not have custody.

Factors Influencing Custody Decisions

1. Welfare of the child: The welfare of the child is the paramount consideration in custody decisions.
2. Character and conduct of parents: The character and conduct of both parents are taken into account in custody decisions.
3. Financial stability: The financial stability of both parents is taken into account in custody decisions.
4. Child’s wishes: The child’s wishes may be taken into account in custody decisions, depending on their age and maturity.

Islamic Principles

1. Shariah compliance: Pakistani law is based on Islamic principles, and custody decisions must comply with Shariah.
2. Jurisdiction: Pakistani courts have jurisdiction over custody disputes involving Muslim children.

Court’s Discretion

1. Paramount consideration: The welfare of the child is the paramount consideration in custody decisions.
2. Unique circumstances: The court’s decision must take into account the unique circumstances of each case.

Challenges Faced by Fathers

1. Societal bias: There may be a societal bias in favor of mothers in custody disputes.
2. Limited access to justice: Fathers may face challenges in accessing justice, particularly if they are not financially stable.
3. Lack of awareness: Fathers may not be aware of their rights and responsibilities under Pakistani law.

Recommendations For Fathers

1. Seek legal advice: Fathers should seek legal advice from a qualified lawyer to understand their rights and responsibilities.
2. Document everything: Fathers should document all interactions with their child, including visits, phone calls, and messages.
3. Prioritize the child’s welfare: Fathers should prioritize the child’s welfare and well-being in all custody decisions.

Related Posts on Lawkidunya