As per Lawkidunya, Child custody rights in Pakistan are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here are some key aspects of child custody rights in Pakistan:
Mother’s Rights
1. Preferential right: The mother has a preferential right to custody of her child until the age of 7 for boys and puberty for girls.
2. Custody during infancy: The mother is entitled to custody of her child during infancy, unless she is unfit or unable to care for the child.
Father’s Rights
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.
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.
Child’s Rights
1. Right to be maintained: The child has a right to be maintained by both parents.
2. Right to education: The child has a right to education, and both parents are responsible for providing education.
Joint Custody
1. Not recognized: Joint custody is not recognized in Pakistani law, but courts may grant joint custody in certain circumstances.
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.
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.
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.
Please note that these rights are subject to interpretation and may vary depending on individual circumstances.