Who gets the Child Custody after Divorce In Pakistan?
Child custody is a paramount issue which arise subsequently as a result of divorce in Pakistan. Parents eventually seek knowledge to learn about their custody rights in relation to children with sole purpose to gain custody of children, come what may.
Should you encounter a dispute pertaining to child custody, you must not only be aware of your child custody rights and but you must also have considerate knowledge of child custody law. If you ever encounter a child custody related dispute, it is important that you contact a child custody lawyer who has expert grip over family law.
It is important to understand that Child welfare is the supreme concern of the Court to decide the custody of minor or minors, as the case may be. Court therefore, would see factors including but not limited to financial sustenance, life style, education and character of each parent before rendering decision qua the child custody. In order to determine welfare, court would also see the age, sex and religion of minors. There is no hard and fast rule to determine the custody of minor in favor of father or mother but to consider best welfare of minor by assessing the fact of each case. For example if case of suckling toddler, usual preference is given to mother to have custody, however over the year, family court have observed that it is not a hard and fast rule. If mother is sick, mental ill or for any other reason is not fit to offer best welfare to minor, custody can be given to father.
To extent of sex of minor, if minor is female first preference was given to mother, however, family law has recently evolved to benefit father to enjoy custody of the minor, if mother is deemed unfit to offer best welfare to minor daughter.
When we say religious it does not disentitle a parent from custody of minor on score of sect. Only where a parent is a Christian while minor is a Muslim, preference would be given to parent who is Muslim by believe. However, it will still not be a standalone factor and to determine custody due weight to other aspects is still given by court, as discussed above.
Another important point to consider is that where minor in observation of court is sound mind and can decide the best welfare of him/herself, court may in lieu of well-established principle, offer minor to choose whether he/she wants to live with father or mother. This practice is based on the principle of parental preference. Court however, before offering such right would ensure that minor fully understand good and bad for him/herself. In doing so court puts minor to test by asking several questions to minor and if convinced that minor is rational and sound to determine the best for him/herself, right shall be offered to him to choose from parents with whom he/she want to live.
In some case, parents out of court settle dispute regarding custody of minors. A mother for example hand over the custody of minor to father, she cannot later seek to reverse the settlement unless she can prove in court that minor is not being offered the best welfare. Having said that, any settlement in which any parent is made to let go custody of minor is declared illegal by courts of Pakistan and given no force and effect. Weightage would be given to only the welfare of minor in deciding the custody. This is done after carefully analyzing every possible consideration relating to the child’s best interests.
We at Hamza and Hamza Law Associates have vast experience in the Child Custody Laws in Pakistan. We are confident that we are the best choice in terms of dealing with custody disputes as we handle your case most efficaciously and effectively. We understand the sensitivity of the dispute and ensure handing your case with outmost professionalism whilst keeping your information confidential