Child Custody Cases
Child Custody Case in Pakistan
Due to some socio-economic factors, the ratio of divorce has significantly increased in the past few years. With the increase in divorce and khula, the ultimate party that suffers is the child. The emotional trauma a child has to go through during the whole process is comprehendible. The fight for a child’s custody can be ugly and emotionally painful for those involved in it.
What is a child custody case?
Child custody refers to who is most eligible to have physical custody of a minor when they are young.
When a couple ends their marriage through divorce, or are deceased, the question about the child’s welfare and upbringing arise. For this purpose, either of the parents or relatives (in case both parents are deceased) open a child/minor custody case. Through this case, the court decides upon the future events of the child’s life, upbringing, and welfare.
When is a child custody case opened?
Parents of a child can file a custody case soon after the divorce. The custody cases are sensitive because a child requires the love of both parties i.e., mother and father. It is the child’s fundamental right to grow up in a happy and healthy environment with both his parents. Due to unfortunate circumstances, the court chooses the best party that can be responsible for a child’s upbringing in the most favorable way.
Guardian and wards act 1980
In Pakistan, the law concerning the regulations of child custody and guardianship is known as the Guardian and Wards Act, 1890. The act has four chapters, and its utmost concern apart from granting minor’s custody is the welfare of the child. The court can grant minors custody to either of the parents or, in some cases (deceased parents/remarried parents), to other relatives of grandparents. This law is the only mode for attaining minor’s custody.
Duration of a Child Custody Lawsuit
The protocol set by high courts in wrapping up a custody case is six months. But unfortunately, it is not followed.
On average, a child custody lawsuit can last for 3 to 5 years. During this time, the court can select either of the parents to have a child’s temporary custody. In most cases, the grandparents are the ones who take care of the child during this time.
Because five years is a long time, it is seen that either of the parents enter the marriage contract and withdraw the case by themselves. In some cases, the child grows attached to the custodial parent or grandparents, and the lack of attachment from the other parent makes the decision.
When the custody of a minor is given to one parent, the other is given a court visitation schedule. This schedule mentions the time duration and terms upon which the parent can visit the child. If a parent is not satisfied with the visitation schedule provided by the court, they can challenge the visitation schedule.
Right of Hizanat
Under the Law of Pakistan, the custody of a minor is given to the mother. This law works under certain conditions.
- The custody of a minor boy is given to his mother as a right of Hizanat. When the boy reaches the age of seven years, the mother’s right of Hizanat ends. However, the boy may continue to live with her mother under her custody.
- The custody of a minor girl is given to her mother as a right of Hizanat. This right dissolves after the girl reaches puberty.
- After the right of Hizanat is over, the father has the legal right to the child’s custody. Although, in this situation, the say of the child is also taken into account. If the child wants to stay with his/her mother, she is given legal custody.
Please note that is a case of absence of both parents, the right of custody of the child is given to grandparents.
Factors affecting courts decisions
While deciding for a child’s custody, the court keeps the following factors in mind during the case proceedings.
- Gender of the child
- Age of the child
- The behavior of the custodial parent
- The behavior of the non-custodial parent
- Financial support to child’s maintenance
- Constancy towards visitation schedule
- The bond between child and parent
- The financial and social background of both parents
- Future prospects of each parent
- The welfare of the child
Factors that disqualify parents for custody grant
When a mother is a custodial parent, there are certain conditions under which her child custody grant or Hizanat can be compromised. These conditions are:
- If she was convicted of a crime
- If she is a drug user
- If her conduct is against the teachings of Islam
- If she has a bad reputation in society
- If she socializes with the wrong crowd
- If she already has a daughter from a previous marriage and opts for a second marriage
If the father is the custodial parent, under the following conditions, he can be disqualified for custody grant:
- If he has convicted a crime
- If he is a drug user
- If his belief is against the teachings of Islam.
- If he has a bad reputation in society
- If he socializes with the wrong crowd
- If he is abusive
- If he is financially unstable
The primary focus of court in such cases is the welfare of the minor in terms of education, health, well-being, and upbringing. Therefore, if the court sees any of the parent unfit, the child’s custody can be transferred to the non-custodial parent.
In joint custody, both parents share the responsibility of the child equally. This concept proves to be beneficial for the child as it forbids him from getting alienated from the parent and relatives from the other side. Through this custody, the child can live with both parents’ turn by turn and gets the maximum attention necessary for his healthy mental any physical upbringing.
Also, Read: How To Do Nikah By Yourself?
Our primary aim is to provide ease and authentic information to our clients. Our expert online lawyers will not only offer you proper legal advice but will also be your representative in a child custody case. Apart from these, our lawyers will provide the following services:
- Preparation of proper legal Documents for child custody lawsuit
- A detailed discussion with the clients regarding their concerns and queries
- Preparation of a comprehensive Child Custody Agreement
- Preparation of documents to challenge visitation schedule
- Preparation of documentation to challenge Hizanat
- Preparation of agreement and related documents regarding joint custody
- Providing clear guidelines regarding conduct during court sessions and proceedings
- Legal support of all sorts
You can ask a lawyer online anything regarding child custody in Pakistan. Our lawyers are available 24/7 for your assistance to offer free legal advice online. You can contact us through our website or on call.
We aim to ensure that our services provide the best and most satisfactory outcomes for you.