Legal Age of Child Custody after DivorceLaw Society Pakistan
Legal Age of Child Custody after Divorce
In Pakistani Laws the custody of a minor is given to the mother, this right is called as right of hizanat. But after the age of seven years, the mother’s right over the son ends however it is not an absolute right; it is made in the interest of the boy.
Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights.
The father has the right to custody after the mother’s term ends by the court of law. In case of the absence of both parents, the grandparents are offered the custody of the child.
However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody separately from the Court. There is never any automatic transfer of a child’s custody to a particular parent.
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