WHAT IS THE AGE LIMIT OF CHILD CUSTODY IN PAKISTAN?
It is a general misconception in our society that child custody of minor son can be retained by mother till age of 7 years only, in case of separate or divorce with husband and after that minor son is handed over in custody of father. In case of minor daughter, it is also misconception that after attaining age of puberty, minor daughter is handed over to father. This is not correct as custody of minor son or daughter, as the case may be, is decided by the relevant court considering the best interest and welfare of the minor only.When we say best interest and welfare of minor, it means that Court before which custody claim is pending, will have to see the facts and circumstances to consider, whether minor should remain in custody of mater or should be handed over to father. In Pakistan.
No doubt that in Islam custody of minor son after attaining the age of 7 years can be directed to be handed to father. Similarly, in case of minor daughter, her custody can be handed over to father upon attaining the age of puberty. However, this rule is not followed in strict sense. This means that Custody Courts in Pakistan do not as matter of right handover custody of minor to father basis on the fact that minor son has attained age of 7 years or minor daughter has attained the age of puberty. Non-custodial father will have to establish in court that minor son or daughter are not being offered best welfare by custodial mother and therefore, custody should be given to him. Paramount consideration to determine custody disputes regarding minor is best interest and welfare of the minor only. Best interest and welfare of the minor may be different in each case.
Some of the factors which can be related with best interest and welfare of the minor are as follow:
1. Minor is being deprived of education and other necessities by custodial parent
2. Health of the minor is being affected.
3. Minor is beaten and tortured to affect his physiological upbringing
4. Minor is living in combine family where some family member is a hardened criminal.
5. Default in payment of maintenance and financial support
6. Custodial parent has converted his/her religion
7. Custodial parent holds bad reputation in society
Non-custodial parent must establish in court with strong evidence any one or more factors detailed herein above to trigger the court to transfer custody in his/her favor. Mere verbal assertions are not appreciate by the court and each allegation must be backed by documentary proof.
It is also sometimes believed that better financial status of the father is a ground for transfer of custody from mother to father. It is completely incorrect because according to recent judicial policy, father is mandatory required to pay maintenance to minors whilst better grooming and upbringing of minor is done my mother. Father will have to establish that custodial mother is not fit parent and is not offering best interest and welfare to minor without which court does not entertain the claim of father.
For what has been discussed above, age of minors is not the factor to decide the custody matters. Strong evidence need to be produced in court to proof that custodial mother is no longer fit to provide best interest and welfare to minor. Our expert custody lawyers have great deal of experience in custody disputes. Khadija Law Associates in the top best law firm when it is about child custody dispute. Khadija Law Associates promise 100% success in the Child custody matter. It is because we are willing to cross the bridge and make every possible effort to bury the custody claim as quickly as possible. Call us now free consultation with regard to child custody matters.
