Pak Legal

Child Custody

Best Lawyer for Child Custody and Guardianship cases in Pakistan

In Pakistan, Child Custody is a burning issue after every divorce, which makes both parents aware of the child custody laws. Despite being a single parent, each parent seeks every legal provision to obtain custody of their child.

Courts take the child’s welfare into account when granting custodial rights to any parent. In this way, the financial stability of the parent, alleged misconduct, and character and capacity of the parent are taken into account.

The courts grant physical rights to only one parent, however, more and more cases have involved shared legal responsibility and guardianship. Custodial laws in Pakistan can also be classified as physical and legal custodial laws in Pakistan can also be classified as physical and legal.

Legal rights over minors in Pakistan entail that parents can solely be responsible for their children’s welfare as per the judicial system.

In such cases, the court considers the preference of the minor in question, if he/she is old enough to do so.

There has been a change in the trend of giving mothers ownership of minors in Pakistan, which is a departure from traditional practice. Increasingly, women are opting for career-driven lives, which may make it difficult for them to raise their children alone.


Child Custody Age After Divorce

Pakistani Law gives a minor’s custody to the mother, this right is known as hizanat. But after the son turns seven years old, the mother’s right to control him ends, although it is not an absolute right; it is made in his interest. As soon as a girl reaches puberty, she is given to her mother. A key aspect of this law is that the conduct of the mother is very important, and if she is found to be ‘objectionable’, she may not be granted custody. A court of law has the right to award custody to the father after the mother’s term is over. The grandparents are offered custody of the child when both parents are absent.

The Guardians and Wards Act of 1890.

Ss. Interpretation of Sections 17 and 25 Guardians and Wards Act, 1890 Terms “Hizanat” and “Willayat” Scope

Guardians and Wards Act, 1890, sections 17 and 25 cover the rights of parents regarding the custody of minors. These rights are commonly referred to as “Hizanat” and “Willayat”. For custody of minors by mothers, the term “Hizanat” or “Hidanat” (as pronounced by Asians and Arabs respectively) is used, whereas, for custody by fathers, the term “Willayat” is used. The word “Hizanat” literally means “upbringing”. As a result, it also covers the concept of “Wallayat”. Additionally, in legal terminology, the word “Hizanat” or “Willayat” cannot be limited to mothers or fathers of minors because the duty of upbringing can be performed by anyone who has a legal right to do so, such as maternal or paternal aunts or grandmother. Because of this, most Arabic textbooks title the relevant chapter “Al Hizanat” rather than the title of the chapter.

Any parent who wants custody of a child but is unable to agree on a custody arrangement must seek custody separately from the court, regardless of custom or personal law. There is never any automatic transfer of custody of a child to a particular parent after reaching a certain age, like some gossip we hear that says the custody of a son transfers to the father when the boy turns seven.

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