CHILD CUSTODY

Custody of Children after Divorce

Getting divorced or separated after you have kids is one of the most unfortunate events. Divorce before kids is a little easier as it doesn’t involve the life of little ones. However, if you get a divorce after having babies, you have to consider their future and custody too. Courts usually deal with child custody cases under the guardians and ward act. These cases are dealt with in guardian courts, and one has to hire a lawyer for them. The question that most of us have in our minds about child custody is the one we are going to answer in this article. The child custody laws in Pakistan are very clear about one thing, and that is, the minor must live with his or her mother. However, there are different custody rules for a son or a daughter.

Custody of a minor boy (son):

If you have filed a custody case for your son, who is a minor, the custody would most likely go towards the mother. As mothers are meant to take care of little ones, the father will, however, pay the expenses. The boy (son) will live with his mother till the age of 7 years. When he turns 8 years old, the mother will lose her custody rights. After 7 years, the father can claim his custody rights in court and can live with his son. However, the father will be responsible for all the expenses even if the child is in the custody of the mother.

Custody of a minor girl (daughter):

If you have a daughter who is a minor and you file a custody case, the custody will go to the mother. The mother will have a right of custody over the girl till the age of 18 years. Moreover, the father will have to pay the monthly expenses. After that age, the father can file his custody case in court.

Exceptional cases of child custody:

Usually, the custodian of a minor son or daughter will be the mother, but there are a few exceptional cases. Under a few exceptional circumstances, the custody of a minor may go to the father. These circumstances are as follows:

• If the mother refuses custody
• If she is unable to bring up the kids
• If she is mentally unstable
• If she is abusive

Likewise, the mother may keep the custody after the hizanat period in the following cases:

• If the father refuses custody
• If he is proven to be abusive
• If he is mentally unstable

FAQs:

• In case of the father’s death, who will become the custodian?

After the death of the father, the custody of the kids will be in the hands of the paternal grandparents.

• What if any one of the parents is not capable of custody and is abusive or mentally ill?

If any of them is mentally or physically not eligible to keep the custody, then the opposite party has to prove that in front of a court, and the court will grant custody based on evidence.

• Will custody automatically go to the father after the hizanat period?

No, the father will have to file a custody case afterward to claim custody.