As per Lawkidunya, In Pakistan, child custody laws for mothers’ rights are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here’s an overview of the rights of mothers:
Custody Rights
1. Primary Caregiver: Mothers are typically considered the primary caregivers for children under the age of 7.
2. Custody until Age 7: Mothers have a stronger claim to custody for children under the age of 7, as they are deemed better equipped to care for young children.
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 mother’s character, financial stability, and ability to provide a suitable environment for the child.
3. Relationship with the Child: The court considers the mother’s relationship with the child and her involvement in the child’s life.
Rights of Divorced Mothers
1. Custody Rights: Divorced mothers have custody rights, but the court may consider the father’s rights if he is deemed fit to care for the child.
2. Maintenance Rights: Divorced mothers have the right to claim maintenance for their children from the father.
Rights of Unmarried Mothers
1. Custody Rights: Unmarried mothers have custody rights, but the court may consider the father’s rights if he is deemed fit to care for the child.
2. Maintenance Rights: Unmarried mothers have the right to claim maintenance for their children from the father.
Challenging Custody Decisions
1. Appeal to Higher Court: Mothers 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: Mothers 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.