As per Lawkidunya, In Pakistan, fathers’ rights in child custody law are governed by the Guardians and Wards Act 1890, which is influenced by Islamic law. Here are some key points to consider:
Rights of Fathers
1. Right to Custody: Fathers have the right to seek custody of their children, especially if the mother is deemed unfit or if the child’s welfare requires it.
2. Right to Visitation: Fathers have the right to regular visitation with their children, even if they don’t have custody.
3. Right to Guardianship: Fathers can be appointed as guardians of their children, giving them the authority to make decisions about their child’s education, health, and welfare.
4. Right to Decision-Making: Fathers have the right to participate in decision-making about their child’s life, including education, healthcare, and extracurricular activities.
Factors Considered by Courts
1. Child’s Welfare: The child’s welfare is the primary consideration in custody disputes.
2. Parent-Child Relationship: The quality of the relationship between each parent and the child is considered.
3. Financial Stability: The financial stability of each parent is considered, as well as their ability to provide for the child’s needs.
4. Character and Conduct: The character and conduct of each parent are considered, including any history of violence, abuse, or neglect.
Islamic Law Influence
1. Father’s Responsibility: Islamic law emphasizes the father’s responsibility to provide for his children’s financial and emotional needs.
2. Mother’s Preferential Right: Islamic law traditionally grants mothers a preferential right to custody of young children, but this can be overridden if the court determines it’s not in the child’s best interests.
Recent Developments
1. Amendments to the Guardians and Wards Act: Recent amendments have strengthened fathers’ rights in child custody disputes.
2. Increased Recognition of Shared Parenting: Pakistani courts are increasingly recognizing the importance of shared parenting and joint custody arrangements.
Fathers seeking to exercise their rights in Pakistan should consult with a qualified family law attorney to navigate the complex legal landscape.