As per Lawkidunya, In Pakistan, child custody laws for Muslim fathers are governed by the Muslim Family Laws Ordinance 1961 and the Guardians and Wards Act 1890. Here are some key aspects of Pakistan child custody law for Muslim fathers:
Key Principles
1. Best Interests of the Child: The court’s decision will be based on the best interests and welfare of the child.
2. Father’s Rights: Muslim fathers have the right to seek custody of their children, especially after the mother’s preferential period ends (7 years for boys, puberty for girls).
3. Mother’s Preferential Right: Muslim mothers have a preferential right to custody of their children during infancy (0-7 years for boys, 0-puberty for girls).
Custody Rules For Muslim Fathers
1. Age of the Child: Muslim fathers can seek custody of their children after the mother’s preferential period ends (7 years for boys, puberty for girls).
2. Mother’s Fitness: If the mother is unfit or unable to care for the child, the father can seek custody.
3. Father’s Character and Conduct: The father’s character and conduct will be taken into account when deciding custody.
4. Child’s Wishes: The child’s wishes may be taken into account, depending on their age and maturity.
Procedure For Seeking Custody
1. Filing a Petition: The father must file a petition in the relevant court, seeking custody of his child.
2. Notice to the Mother: The mother must be served with notice of the petition, and she must be given an opportunity to respond.
3. Hearing: The court will hold a hearing to decide the custody of the child.
4. Court Decision: The court will make a decision based on the best interests of the child.
Relevant Laws
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.
Important Notes
1. Court’s Discretion: The court has significant discretion in child custody cases and will make decisions based on the unique circumstances of each case.
2. Seeking Legal Advice: Muslim fathers seeking custody or visitation rights should consult with a qualified lawyer to understand their rights and options.