Adv Ch Shahid Bhalli

Child Custody Rights For Single Fathers in Pakistan

As per Lawkidunya, In Pakistan, child custody rights for single fathers are governed by the Guardian and Wards Act 1890 and Islamic law. Here are some key aspects of child custody rights for single fathers in Pakistan:

Legal Framework

1. Guardian and Wards Act 1890: This Act gives fathers the right to apply for custody of their children.
2. Islamic law: Islamic law (Shariah) also recognizes the rights of fathers to custody of their children.

Key Principles

1. Welfare of the child: The court’s primary consideration is the welfare of the child.
2. Best interests of the child: The court makes decisions based on what is deemed best for the child.
3. Father’s rights: Fathers have the right to apply for custody of their children, but the court’s decision is guided by the child’s welfare.

Factors Considered in Custody Decisions

1. Age and sex of the child: The court considers the age and sex of the child in determining custody.
2. Father’s character and conduct: The court evaluates the father’s character and conduct, including his ability to provide a stable environment for the child.
3. Financial stability: The court considers the father’s financial stability and ability to provide for the child’s needs.
4. Child’s emotional attachment: The court considers the child’s emotional attachment to the father.

Challenging Circumstances for Single Fathers

1. Social stigma: Single fathers may face social stigma and discrimination, which can impact their ability to retain custody of their children.
2. Financial instability: Single fathers who are financially unstable may face challenges in retaining custody of their children.
3. Lack of support: Single fathers may lack support from family and friends, which can make it difficult to care for their children.

Rights of Single Fathers

1. Right to apply for custody: Single fathers have the right to apply for custody of their children.
2. Right to maintenance: Single fathers have the right to receive maintenance from the child’s mother if she is financially stable.
3. Right to make decisions: Single fathers have the right to make decisions about their child’s education, healthcare, and welfare.

Court Procedure

1. File a petition: Single fathers must file a petition with the relevant court, usually the Family Court or the Guardian Court.
2. Provide necessary documents: Single fathers must provide necessary documents, such as the child’s birth certificate, proof of paternity, and proof of financial stability.
3. Court hearing: The court will schedule a hearing to consider the single father’s petition and determine the best interests of the child.

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