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Our expert lawyers are always available to resolve this very sensitive and serious issue regarding child custody. We have a team of expert attorneys in the field of child custody and guardianship.
Our lawyers are very dedicated to helping you people through the child custody cases in Islamabad, Rawalpindi, Lahore, and Multan, Pakistan. AIM LAW firm has several dedicated and expert lawyers in Family Court, Civil courts, Session courts, and High courts. Feel free to consult our lawyers regarding the issue of child custody and any other legal issues related to family law like divorce, khula, and child adoption, etc.
Child custody has always been a burning issue after the separation/divorce of couples. After divorce, each parent strives to get custody of their child so it is important to consult an expert and well-experienced lawyer regarding this serious issue of child custody.
Court has many concerns regarding child custody but the primary concern of the court is the welfare of the child.
The character of the parent, financial stability, capability, and behavior of the parent are also considered by the court while giving custody of the child. Child custody is usually assigned to a single parent but in most cases court decides to give shared guardianship for the welfare of the child.
In Asia and Pakistan, the legal custody of a child is mostly given to the mother which is called ‘Hizanat’. In this, the right of the mother is over him when he reaches the age of seven. The custody of a girl is given to the other until she reaches puberty. These decisions are taken by the court for the welfare of a child. But if the character or behavior of the mother is found objectionable then the court has the right to give the custody to father. If both parents are present the custody can be awarded to the grandparents.
In this current era as the rate of divorce cases increases, more people file for child custody cases. For the last decades, middle-class and lower-middle-class couples have unexpectedly filed for divorce at a greater rate. As the divorce cases increase the rate of custody cases also increases. By the separation of parents, the children have to face mental and social trauma. Such traumas have very bad effects on the lives of children.
The Guardianship and Ward Act of 1890 is the basis of custody and guardianship law in many Asian countries. According to this law while assigning the child custody the welfare of the child is the first priority of the guardian court.
The rights of the parents regarding custody and guardianship are present in Sections 17 and 25 of the Guardianship and Ward Act of 1890. These sections are referred to as the Hizanat and Wliayat.
If the custody is given to the father it is referred to Wilayat. The Hizanat and Wilayat are not only related to their mother and their father. The guardianship of children can also be given to aunts and grandmothers if they have legal authority.
There is a very important point that when a son reaches the age of 7 his custody is not automatically transferred to the father. At a certain age, the father has to get the son’s custody separately from the court, it is not transferred automatically to the father.
Child custody lawyers of our AIM LAW firm can help you through all matters of child custody and guardianship. We also offer legal consultation in all family law matters like child adoption, divorce, khula court marriages, etc.