How to Get Child Custody in Pakistan?

This guide discusses the method and answers on how to get child custody in Pakistan. The complete step-by-step procedure, duration, and application details are mentioned below.

If you are an applicant and want to get child custody in Pakistan after divorce, what you have to do is apply to the Guardian Court. Here are some essential things that should be kept in mind before applying.

  • To get guardianship of the children, the applicant has to apply to the Guardian Court of Jurisdiction, where the child resides.
  • To get guardianship of the child’s property, the applicant has to apply to the Guardian Court of Jurisdiction where the property is located, or the Guardian Court of Jurisdiction where the child resides.

You have to apply independently, or you can take the collector’s help to make the one. It is the letter for the court. Here are some of the particulars that should be mentioned in the application.

  • Name, gender, date of birth, and residence of the minor.
  • You also have to submit the details about the location and estimated value of the minor’s property, if there is any.
  • Then, submit the near relations of minors and where they live.
  • If you are writing the application to declare someone as a guardian, you have to provide solid proof and ground facts that tell and support the claims of the person.
  • Also, submit the causes that have made you apply to the court.

Consult A Family Lawyer

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Notice And Court Hearing

After filing application, your notice of hearing is posted in the courthouse. Moreover, it can also be placed at the minor’s residence. Keep in mind it may take approximately 6 months in court to decide on the custody of a child in Pakistan.

Important Information About Child Custody In Pakistan

  • Pakistani courts, most of the time, favor mothers when it comes to the custody of the minor child.
  • Moreover, Pakistani courts consider the welfare of the minor when it comes to giving custody to the parents.
  • The child’s age, the financial and emotional stability of each parent, and child’s gender are also considered.
  • Keep in mind that child custody orders are applicable and enforced via court proceedings.
  • Any of the parents who refuse to follow the custody orders will be subjected to penalties and fines.
  • What you should keep in mind is that custody of minors in Pakistan is usually given to the mother of the child. Unless and until she is unfit by the court for parenthood.

LEGAL QUERIES

Frequently Asked Questions

Yes, fathers can get custody of children in Pakistan only if they are a better option than mothers. Keep in mind that Pakistani courts mostly prefer giving child custody to mothers.

Yes, the custody arrangement can be modified by the court if it is in the child’s best interest. If the parent who was given custody of the child remarries, the custody arrangements can be modified.

If the child has dual nationality, Pakistani courts will consider not only their laws and rules but also the relevant International Laws, Conventions, and Treaties. They will also consider the Civil Aspect of International Child Abduction and The Hague Convention.

Final thoughts

Child custody is a complex and sensitive issue that should be considered carefully by all parties involved. It is governed by the Family Laws Ordinance 1961 and the Guardian And Wards Act 1890. Several factors are considered by Pakistani courts when it comes to child custody cases.

Such as the emotional stability of each parent, the ability to provide finances for the child’s basic necessities, and the financial stability of both parents. The above article tells you about how to get child custody in Pakistan and the method that you have to follow to get the custody. Pay attention so you can understand the procedure to get child custody after divorce in Pakistan.