As per Lawkidunya, In Pakistan, child custody rights for fathers are governed by the Muslim Family Laws Ordinance 1961 and the Guardians and Wards Act 1890. Here are some key aspects of child custody rights for fathers in Pakistan:
Rights of Fathers
1. Right to Custody: 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).
2. Right to Visitation: Fathers have the right to visitation and access to their children, even if they do not have custody.
3. Right to Guardianship: Fathers have the right to guardianship of their children, which includes the right to make decisions about their education, healthcare, and welfare.
Conditions For Fathers To Get Custody
1. Age of the Child: Fathers can get 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 get 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.
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: Fathers seeking custody or visitation rights should consult with a qualified lawyer to understand their rights and options.
3. Best Interests of the Child: The court’s primary consideration is the best interests and welfare of the child.