Who Gets The Child Custody After Divorce In Pakistan?<
If you're going through a divorce in Pakistan, child custody is likely to be a big issue. Parents often want to know about their custody rights so that they can try to get custody of their children.
If you find yourself in a child custody dispute, it's important to be aware of your rights under the law. You should also consider getting in touch with a lawyer who specializes in family law. They'll be able to give you the best advice on how to proceed.
The court's primary concern when deciding the custody of minors is the welfare of the child or children. The court will consider factors such as the financial stability, lifestyle, education, and character of each parent before making a decision. The court will also take into account the age, sex, and religion of the child or children when determining welfare.
There is no solid rule that always favours the father or mother when it comes to deciding custody of a minor, but rather the best welfare of the child is considered by assessing the specifics of each case. For example, if a suckling toddler is involved, the usual preference is given to the mother having custody. However, over the years, family courts have observed that this is not a set-in-stone rule. If the mother is sick, mentally ill, or for any other reasondeemed unfit to provide the best welfare to the child, custody can be given to the father.
When it comes to the sex of the minor, preference is typically given to the mother. However, family law has recently evolved to benefit the father when it comes to custody of the minor, if the mother is deemed unfit to offer best welfare to the daughter.
It is important to note that religious beliefs do not necessarily disqualify a parent from custody of a minor. Only in cases where a parent is Christian while the minor is Muslim would preference be given to the Muslim parent.
However, it's important to keep in mind that the court will still take other factors into consideration when determining custody and not base their decision solely on this one factor. As mentioned before, the court may also offer the minor the opportunity to choose which parent he or she would like to live with if the child is of sound mind and is able to make such a decision - this is based on the principle of parental preference.
Before offering a right to a minor, the court would ensure that the minor fully understands good and bad for him/herself. By doing this, the court puts the minor to the test by asking questions to the minor. If convinced that the minor is rational and sound to determine the best for him/herself, then the right shall be offered to him/her to choose from the parents with whom he/she wants to live.