Who Gets Custody Of Children After Divorce In Pakistan?
Child custody is an extremely important issue that arises later in the divorce process in Pakistan. Ultimately, parents seek knowledge to know their custody rights for the sole purpose of getting custody of the children no matter what happens.
If you are facing a problem and need Family Lawyer in Lahore, you must not only know your custody rights but also have a thorough understanding of the guardianship law. If you are ever faced with a child custody dispute, it is important to consult an experienced family law attorney.
It is important to understand that the welfare of the child is the most important consideration for the court to decide on child custody. Therefore, the court will consider factors such as, but not limited to, the financial support, lifestyle, education, and character of each parent before making a custody decision. The court will also consider the age, sex, and religion of the child in determining custody.
There is no set rule for determining custody of a minor child in favor of either the parent, but in all cases, after considering the facts, the best interests of the child must be considered. For example, when an infant is involved, the mother is usually favored, but over the years family courts have established that this is not a strict and unequivocal rule. If the mother is ill or mentally incapable of looking after the welfare of the minor child, custody may be awarded to the father.
Depending on the sex of the minor child, if the child is female, the mother has priority, but family law has recently evolved in favor of the father, who may be granted custody of the minor child if the mother is deemed unable to care for the minor daughter.
When speaking of religious affiliation, this does not exclude the father from having custody of the minor child because of his sectarian affiliation. Only in the case where the parent is Christian and the minor is Muslim, the parent who is Muslim by religion has priority. However, this is not an independent factor, and the court will still give due weight to the other factors discussed above in determining custody.
Another important aspect to keep in mind is that if the child under the authority of the court is of sound mind and capable of making a decision that is in his or her own best interest, the court may offer him or her the option of living with his or her parent, overriding the established principle. This practice is based on the principle of parental preference. However, before granting this right, the judge must ensure that the child fully understands his or her rights and obligations.
Therefore, the judge will examine the child through a series of questions and, if he considers that the child is reasonable and healthy enough to decide what is best for him, he will grant him the right to choose the parents with whom he wishes to live.
In some cases, parents settle child custody disputes out of court. For example, if the mother gives custody of the minor child to the father, she cannot later ask to modify the agreement unless she can prove to the court that it is not in the best interest of the minor child. In this situation, any agreement whereby one parent relinquishes custody of the minor child will be declared illegal and invalid by the Pakistani courts. Only the best interests of the minor child will be considered in deciding custody. This is done after a careful analysis of all possible considerations of the best interests of the child.
At VOJ Law Associates we have extensive experience in the field of child custody laws in Pakistan. We believe that we are the best choice for handling custody disputes because we will handle your case in the most efficient and effective manner. We understand the sensitivity of your dispute and will ensure that your case is handled with the utmost professionalism, while also respecting the confidentiality of your information.
