Child custody related disputes are commonly seen to emerge between parents after separate or divorce as the case may be. Disputes pertaining to custody of minors are regulated under the Guardian and Ward Act, 1890. For the purpose to adjudicate upon the disputes pertaining to custody of minor, special courts are established to try matters related to minors. Our expert child custody lawyers have great deal of experience in handling child custody matters. Claim for Child Custody can be raised at any time and it is not necessary to make claim of child custody after divorce.
Upon separation or divorce, if husband and wife cannot amicably settle as to who will retain the custody of minor, non-custodial parent can immediately file child custody claim in court.
Mother does not lose the right of custody of minor child for reasons that she has obtained Khula from her husband. Though it is normally believed to be true but it factually and legally a complete misunderstanding.
No, it is incorrect that Mother loses the right of custody of minor after contracting Second marriage.
In some case after separation or divorce, custody of minor is forcibly taken by husband whereas in other cases custody of minor child is taken my mother. It is always the non-custodial parent who files a custody claim in the court of law against the custodial parent.
Child custody claim is required to be filed in court by non-custodial parent. For the purpose of filing the Child Custody Claim, it is important to hire an expert child custody lawyer who after discussing the facts and circumstances, proceed to make a claim of custody in line with legal requirements. Once the case is filed court summon custodial parent to file written reply. After hearing both parties, court frame questions in interest of the minor and each party is required to produce best evidence in support of their claim. After weighing the evidence deposed by each party court determines as to whether custody of minor should remain with mother or custody of minor should be handed over to father.
Paramount consideration for the court in deciding the custody of minor is the best welfare and interest of the minor alone. If the court deems that best welfare of the minor is in favor of mother court decide handing over of custody of her and vice versa. There is no hard and fast rule and it is most certainly the discretion of court to determine where best welfare of minor is to go with father or mother. Some of the factors which the court may consider to decide custody of minor child are as follow:
There is a serious misconception in our society with regard to several factors which infact are not valued by the Court in deciding child custody matters but are still believed to have detrimental effect. Some of the factors include:
Non-custodial parent has right to meet minor child. It has been observed by the Apex Court of Pakistan at several occasions that meeting with non-custodial parent is in best welfare of the minor. Therefore, non-custodial parent is legally entitled to meet the minor child and is offered visitation rights (HYPERLINK).
Child Custody laws in Pakistan favor mother. However, in best welfare of the minor court can handover custody in favor of father if he establishes that he is best qualified to offer care to minor child. The only thing the court looks at in deciding child custody in Pakistan is the welfare of the minor. Parent that succeeds to establish best welfare is handed over custody of minor child.
Whether you want to contest custody claim filed by non-custodial parent or in best interest and welfare of minor you are willing to file claim of custody in the court, Our Expert Lawyers at Khadija Law Associates are the best child custody lawyers in Pakistan. Contact us now to discuss the matter in detail.
KHADIJA LAW ASSOCIATES
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.
If you are applying a spouse visa, immigration visa or any other category of visa for your wife and the concerned embassy has required you to bring Court Orders to verifying marriage.