1. Permanently Custody

In this type of custody the minor live permanently with the one spouse either with the father or mother or with any other maternal or paternal relatives. This kind of custody is given the family court concern where the child is living. After the hearing and with the evidence of the witness court allow the permanently custody to anyone. As per law till the age of 7 of male child it is the right of mother to retain the custody of the child and if the ward is female then its age is puberty as prescribed in the Guardian & Wards Act 1890. But this is not final there are so many other grounds which are considered at the time of permanently custody. For example the welfare of the minors, Second Marriage of the mother/father, death of the mother, maintenance of the minors, character of the mother or father, wish of the minors, other female persons in the house of father etc.

2. Temporary Custody
This kind of custody in given under section 12 of the Guardian & Ward Act 1890 by the court to any spouse either father or mother till the decision of the permanently custody case. Generally this kind of custody is given to the mother as she is right of hizanat and under Islamic law the mother has right to get this kind of custody. However father can also applied for this kind of custody and father can also be given on the grounds in the absence of the mother, character, not fall under the hizanat etc.

3. Meeting Custody
It is the right of the parents to meet with the minor. Both father and mother applied for this meeting with the child. If anyone have no custody and court on the ground will unable to handover the permanently custody or during the pending the main permanently custody case, the court can allow any of the parent to meet with the child. Meeting can be held in any place which court consider fit with the consultation of the both parties. Meeting can be held in the court or at the house of the any party, in the office of any counsel and any other suitable place. This meeting can be held after seven days, fifteen days or after one month as the court may think fit and proper. On the different occasion for example on the Eid days or in the vacations, the court can grant the meeting with the minor for more than one day.

4. Legal Custody
Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about schooling, and medical care, etc. This kind of custody is award by the court after the proper hearing of the case and generally this is got under section 25 of the guardian and Ward Act 1890 and per court decision both the spouses are bound to retain as per court decision. This legal custody can be given for specific period for example for the specific age of the ward.

5. Illegal Custody
If mother or father forcibly get the custody or snatch the custody of the minor without the will and wish of the other party or against the court decision. This is called illegal custody. And the illegal custody can be given back by the court by filing contempt of court, filing habeas Corpus Petition under section 491 in the court and court after recover the minor handover to the party who has legal right for the minor custody

10 thoughts on “Types of Child Custody”

  1. Hi
    I have a question! One of my sister is physically and verbally abuse by husband and her in-laws after that they not only forced her to leave the house but they also snatched the children from her ! Unfortunately her susral is in Punjab but her parents are in sindh it’s like 4 months now she is leaving with her parents without children !In this situation what we suppose to do and where we have to file the case in which court ? Someone told us that we have to file the case in Punjab court because children are over there ! Plzz answer me by email adress !

    1. Legally you have to file case in Punjab where kid resides. Later on you can give application for transfer of case to your province. Which will most certainly allowed. Or you can file case in sind with plea that your life isn’t safe in Punjab or you have life threats then it may work.

  2. sir meri sister ki death hogai hy bacha jis din se paida hoa hy bachay ki nani paal rhi hy bacha ab 1 saal 3 maa ka hogya hy ab baap mang raha hy to kia nani se lay k bacha baap ko dy dya jaye ga plz ans me

    1. Natural guardian father hota hai mother ke death kay baad. Father custody claim kar sakta hai magar ap kay case ke situation mae easily child custody easily father ko nie milay gee. Case contest hu ga. Bachay ke nani ke health condition be consider ke jay gee . Aur father ke be dayka jay ga kay wo bachay ko kud pal be sakta hai kay nie.

  3. Asslama alykum kia bv ki death ka bd bacha father ko mil salta hain kyu ka nana nani na qabza main two boys hain sure ek bacha abbe new born hai sir dosra bacha 2 saal ka father sa bht attach hai kia tariqa hoga.father govt job main hai 60000 tk earn krta hai sir nana ki age 65 sure nani ki 56 hai sir dono sugar no ki patients hain sure koi man nae krta bs beta ki kami pa zindige guzar rahye hain

  4. Maa aur baap dono ki death hogyi ho .8maah ki bachi ha dadi bhi zinda ha aur nani bhi ub custody kis k pas jaye gi aur kon zayada haq dar hoga aur eska procedure kya hoga aur kitna hoga

  5. Children custody case of 4 Children. Mother has been died and father get married. Children are living with there maternal auntie whom it will get the custody of Children?

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