Child Custody Laws in Pakistan: Who Gets Custody?

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Understanding Child Custody Laws

In Pakistan, child custody is decided based on the child’s welfare, as per the Guardian and Wards Act, 1890. Courts prioritize the child’s best interests over parental claims.

Types of Custody

  1. Mother’s Custody (Hizanat): Generally granted to mothers for young children.
  2. Father’s Custody (Wilayat): Fathers gain custody once children reach a certain age.
  3. Joint Custody: In some cases, courts allow shared parenting rights.

Factors Affecting Custody Decisions

  • The child’s age and emotional well-being.
  • Financial stability and parental capability.
  • The child’s personal preference, if mature enough.

Legal Process for Custody Claims

  1. Filing a Case in Family Court.
  2. Court Hearing and Investigation.
  3. Final Decision Based on Child’s Best Interests.

Conclusion

Child custody laws in Pakistan ensure the well-being of minors after parental separation. Courts assess various factors before granting custody. Parents seeking legal rights over their children should consult experts on child custody laws to understand their responsibilities and options.

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