When kids are involved, going through a divorce or separation is difficult. Being a parent, you expect to do the right thing for your child; however, dealing with child custody laws after divorce in Pakistan can be really puzzling. Some families in Islamabad have gone through these challenges and found it tough to manage everything while getting legal help.
The goal here is to clarify the laws, procedures, and useful guidance in a simple, easy-to-follow way. Whether you’re a mom, dad, or grandparent, this article will help you understand child custody in Pakistan and make smart choices for your child’s future.
Comprehending Child Custody After Divorce
After a case of divorce or when parents split, child custody problems often arise. This can make it challenging for parents to know their rights and what they need to do in child custody after divorce in Pakistan. The legitimate network utilises both Islamic laws and special laws, like the ward act and guardianship of 1890, to make sure the child’s best interests are taken care of in Pakistan. Comprehending your rights as a parent can actually assist you in dealing with custody matters after a separation or divorce. Let’s start by looking at the basics.
Custody Based on Pakistani Law
The liability of taking care of a child, both in terms of daily life and making significant decisions is known as child custody. The basic things involved are which academy they must attend, where they ought to live, their healthcare needs, and how they will be brought up. Cases related to child custody after divorce in Pakistan are managed by the Guardian Court in Islamabad and other family courts. These courts always put the child’s well-being first. Custody also involves the right to make legal decisions for the child’s future.
Useful Terminologies For Child Guardianship Cases
Two major words you’ll come across are Hizanat and Willaya in family and inheritance law, which signify distinctive things in the context of child care.
Hizanat implies physiological custody, and it’s normally given to the mother when the child is too young.
It suggests the mother is liable for taking care of the child’s usual necessities, like making sure they have food, a house, and passionate support.
Willayat is often given to the father and is about legal guardianship
This denotes the father owns the right to make significant decisions about the child’s life, such as managing money, selecting their school, and aiding them with their religion.
Different Kind of Custody Under Pakistani Law
Custody in Pakistan can vary based on the child’s requirements and the situation of the parents. Here’s a detailed look at the different types. There are online legal services which you can take help for the custody case
Physical Custody
Physical custody means the child lives with one parent most of the time. The court can give this custody to one parent, often the mother, when the child is young, or in some cases, both parents if they live near each other and work well together.
Legal Custody
Legal custody signifies that a parent can make major choices about the child’s life, such as where they go to school, their medical treatments, and what religion they follow. Usually, fathers are seen as the natural guardians who ought to have legitimate custody, but courts may give it to mothers if it’s better for the child.
Child Custody Depends on Time Duration
Permanent Custody: This is the final decision about custody, made after hearing from both sides and looking at all the evidence. It might be changed in the future if things change.
Temporary Custody: This is a temporary plan that is usually decided early on in a custody case under Section 12 of the Guardians and Wards Act. It helps keep things stable while the court looks into the case.
Custody Rights for Mothers in Pakistan
Mothers usually have a strong say in child custody decisions after divorce in Pakistan, especially when it comes to young kids, because of Islamic beliefs and past court rulings.
Legal Age Limit For Mother’s Custody
Followed by most Pakistani courts in the Hanafi school based on Islamic principles:
The mother normally has custody until the child is 7 years old for sons. Afterwards, guardianship might go to the father, but only if it’s best for the child.
The mother keeps guardianship until the girl passes puberty, which is normally between 12 and 16 years of age. Courts constantly value the mother’s care during this time.
Basis on Which a Mother Can Lose the Case
A mother could lose guardianship if a court chooses she is not fit to care for her child. For instance:
- Not knowing how to take care of or neglecting the child’s warm or physical needs.
- Living a life that is considered unacceptable or damaging, like having an unlawful record or using drugs.
- Getting married to someone who is not associated with the child, but this alone isn’t enough to take away custody until it causes pain to the child.
Father’s Custody & Guardianship Rights
Fathers are very important in child custody after divorce in Pakistan, usually because they provide money and help with legal matters.
Father as Natural Guardian
In Pakistan, fathers are seen as the natural guardians of their children. They are liable for supplying financial support and making significant life decisions. Even if the mother has custody of the child, the father still carries the guardianship unless it is shown that he is not fit to take care of the child.
Cases Through Which Father Can Achieve Custody
Fathers can ask for guardianship through the Guardians and Wards Act if:
- The mother is not well-suited to bring up the child.
- The kid, whether a daughter who has reached puberty or a son who is older than the father, would do better with the father’s care.
- The father can give a pleasant living status, like a pleasant education and a reliable home.
- The father needs to show proof in court, such as financial information or evidence that he can provide a caring and safe home for the child.
Lasting Impressions
Child custody after the divorce in Pakistan is really a challenging court case, and to handle or go through such a thing, one needs to have detailed information. This helps in letting them know where they stand and what needs to be done in a legally satisfactory way.
Frequently Asked Questions
- Don’t speak negatively about the other parent in front of the child or the judge.
- Don’t miss court appointments or ignore the court’s instructions.
- Don’t let personal feelings interfere with what’s best for the child’s well-being.
Yes, grandparents can ask for custody if both parents are not fit to take care of the child or if they are not available, like if one or both parents have passed away. The court will still put the child's best interests first.
