Child Custody in Pakistan under Family Laws

Authors

  • Nasreen Aslam Shah Meritorious Prof, Department of Social work, Ex-Dean Faculty of Arts and Social Science, Ex-Director Centre of Excellence for Women Studies University of Karachi - Pakistan

Keywords:

best interests of the child, custodial rights, guardianship, legal custody, physical custody, visitation rights

Abstract

In Pakistan, child custody laws are primarily governed by Islamic law, with specific provisions outlined in the Guardians and Wards Act of 1890. According to Islamic law, custody of children is typically granted to the mother until a certain age, after which custody may shift to the father. However, the court retains the authority to determine custody based on the best interests of the child, considering factors such as the child's age, gender, and overall welfare. The Guardians and Wards Act provides a framework for appointing guardians and determining custody arrangements in cases of dispute or necessity. Additionally, Pakistan's legal system acknowledges the importance of maintaining a child's relationship with both parents, emphasizing the need for visitation rights and access arrangements.

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Published

2024-12-15

How to Cite

Nasreen Aslam Shah. (2024). Child Custody in Pakistan under Family Laws. Wah Academia Journal of Social Sciences, 3(2), 687–708. Retrieved from https://wahacademia.com/index.php/Journal/article/view/106