The age limit of child custody in Pakistan is determined by the Right of Hizanat that comes under Muslim Laws. The Age of Hizanat determines the minor child’s age, till which the mother has custodian rights. Also, it determines what is the age limit for child custody of a minor child for the father.
In the case of a male minor child, the age of Hizanat is seven years. The mother of a minor male child has custodian rights for seven years. After that, the mother’s right to the custody of a minor son ends. Best Family Lawyer in Pakistan
Likewise, the age of Hizanat for a female child is till she reaches puberty. Till then, the mother has custodian rights of a female minor child. After that, the mother’s right to the custody of a minor daughter ends.
As per Muslim Laws, a mother is not a child’s natural guardian. She can only have the right of custody of a child till the age of Hizanat. However, the right of custody of a mother is subject to her conduct; if it is in question, the mother is not given custody of a child.
The minor child’s mother is also not qualified to be a legal guardian of the minor child’s property. She is only a de facto guardian and cannot transact a minor’s property.
After the age of Hizanat, a father has the right of custody of a child. However, the child’s custody does not transfer automatically. After the child’s age of Hizanat ends, the father has to file a petition in the Guardian Court to claim the child’s custody.
Child custody does not solely base on the age of Hizanat under Muslim Law. The court makes the best decision in the interest of the child. The non-custodial parent, when cannot reach a settlement, has to file the child custody case in the Guardian Court to seek custody of a child.
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