Child custody is a hot topic in Pakistan after every divorce, thus both parents should be aware of the rules governing child custody. Even though being a single parent is difficult, each parent attempts whatever legal means to win custody of their child.
When giving custody rights to any parent, the court considers the child’s wellbeing as the most important criterion. As a result, factors such as a parent’s financial stability, recorded wrongdoing, character, and capacity are given weight.
Physical rights are granted to one parent by the courts, but an increasing number of situations have seen shared legal responsibility and guardianship of any children. As a result, Pakistan’s incarceration regulations can be divided into two categories: physical and legal.
The legal right over minors in Pakistan, according to the country’s judicial system, means that the parent is completely responsible for the care of the child in question.
When dealing with such matters, the court takes into account the minor’s preference, if he or she is old enough to have an intellectual preference.
Mothers have traditionally been awarded ownership of minors in Pakistan, although this trend is changing. More and more women are choosing career-driven lives, which may make it impossible for them to raise their children alone.
CHILD CUSTODY AT LEGAL AGE AFTER DIVORCE
The mother of a minor is granted custody under Pakistani law, and this right is known as hizanat. The mother’s right over her kid expires at the age of seven, although it is not an absolute right; it is made in the boy’s best interests. Until they reach adolescence, girls are given to their mothers. One of the most essential aspects of this rule is that the mother’s behaviour is very crucial, and if it is judged to be “objectionable,” she may not be granted custody rights. After the mother’s court-ordered period expires, the father has the right to custody. In the event that both parents are unable to care for their children, the child is given to the grandparents.
GUARDIANS AND WARDS ACT (VIII OF 1890)
GUARDIANS AND WARDS ACT, 1890 TERMS “HIZANAT” AND “WILLAYAT” SCOPE S. 17 & 25 INTERPRETATION
Sections 17 and 25 of the Guardians and Wards Act, 1890, encompass parental rights to custody of minors, which are commonly referred to as “Hizanat” and “Willayat.”
The terms “Hizanat” or “Hidanat” (as spoken by Asians and Arabs, respectively) are used for mother’s custody of youngsters, and “Willayat” is used for father’s custody of minors. The word “Hizanat” literally means “upbringing.”
However, regardless of customs or personal laws, every parent who desires custody of a child but cannot reach an agreement must seek custody from the Court individually. There is never an automatic transfer of a child’s custody to a certain parent after they reach a certain age, as some rumours suggest. For example, some rumours claim that when a “Boy” reaches the age of seven, his custody automatically passes to his father.