FAQs on Child Custody Process in Pakistan
In Pakistan, child custody matters are governed by The Guardians and Wards Act, 1890 and Islamic principles. Below are frequently asked questions (FAQs) regarding child custody after divorce or Khula.
1. Who gets child custody after divorce or Khula?
- Mothers generally get custody of minor children, especially young ones. This is known as Hizanat (custody under Islamic law).
- The father retains the right to visitation and must provide financial support.
2. What is the age limit for child custody?
- For sons → Usually, up to the age of 7 years, the mother has custody. After that, custody may go to the father.
- For daughters → The mother typically retains custody until the daughter reaches puberty or marriageable age.
However, the court makes final decisions based on the child’s welfare rather than strictly following age limits.
3. Can a father get custody of a minor child?
Yes, but only if he can prove that the mother is unfit for custody due to reasons like:
- Neglect or abuse
- Mental illness or immoral conduct
- Remarriage to a stranger (non-mahram to the child)
If the father proves these, the court may grant him custody.
4. What is the difference between Custody and Guardianship?
- Custody (Hizanat) → The right to keep and care for the child (mostly given to the mother).
- Guardianship (Wilayat) → The father remains the legal guardian responsible for financial support and major decisions.
5. Can the mother refuse the father’s visitation rights?
- No, unless the father is proven to be harmful to the child.
- The court can set visitation schedules, and the mother must comply.
6. What happens if the mother remarries?
- If the mother remarries a non-mahram (stranger) to the child, the father may claim custody.
- If the court finds that the child’s welfare is still best with the mother, she may retain custody.
7. Can a mother claim child maintenance after divorce?
- Yes, the father is legally obligated to provide financial support for the child, even if the mother has custody.
- If he refuses, the mother can file a suit in Family Court.
8. What is the legal process for child custody in Pakistan?
Step-by-Step Custody Process:
- Filing a Custody Petition – The mother or father files a custody case in Family Court.
- Court Summons the Opposing Party – The other parent is notified to appear in court.
- Court Considers Child’s Best Interests – Factors include age, health, education, and emotional attachment.
- Reconciliation Attempt – The court may encourage mutual agreement.
- Final Decision – The judge grants custody based on the child’s welfare.
9. How long does the child custody process take?
- It can take 6 months to 2 years, depending on case complexity.
10. Can the custody decision be challenged?
- Yes, if a parent is dissatisfied, they can file an appeal in a higher court.
Conclusion
Child custody laws in Pakistan prioritize the child’s well-being over parental rights. The mother generally has custody of young children, while the father provides financial support. However, courts make the final decision based on the child’s best interests.
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