Paternity law deals with the legal acknowledgement of a man and their child. This will be based on several factors and isn’t half as straight forward as it may at first seem. At the same time it is very important to ascertain this legal right in a range of situations regarding custody but also various other issues, and this is what necessitates paternity lawyers.
If you are faced with having to go through a child custody dispute, you should be familiar with the basic aspects of child custody law and have an understanding of how the process works. Unless you are fully knowledgeable, always hire a qualified child custody attorney who is good in family law.
First, there are two basic aspects relating to the custody of a child – legal custody and physical custody. Legal custody covers the responsibility and decision making regarding the child’s basic needs like for health, education and welfare. If only one parent has been given sole legal custody, then that parent can make all decisions relating to the children without consulting the other parent. Sometimes parents will be given joint legal custody and decisions will then have to be made jointly.
There may be various degrees of custody depending on the individual case. For example, a parent may have legal custody, but they may also have a duty of consultation with the other parent to inform them prior to any decision being made. However, it is quite common that one parent will have the decision making authority to avoid a situation where the parties will become deadlocked and can’t reach a decision.
The other aspect of child custody law is the physical custody. This determines where the child will physically be living. Sole physical custody means the child will be primarily with one parent and will have visitation with the other parent. On the other end is true joint physical custody where the parents have equal time with the children. There may be other possibilities for physical custody.
Physical custody is always open to disputes as each parent will want to fight for their own right first and foremost. However, the law will need to look at the best interest of the child first. However, the best interest of the child may not be easily defined in real life and what seems best to one party may not appear so to be to another party.
The court will try to be fair to both parents but more often than not, equal time between parents is usually not possible or practical and one parent will have to make the sacrifice. I believe that parents should also accept that the needs of the child come first and not to focus only on what they themselves want. Too often parents focus only on why the other parent should not have custody and they fail to see their own shortcomings.
Emotions can run high in child custody disputes but in the end, the actual decision on each case must be based only on the facts of that case itself. Parents should avoid comparing custody cases of other people that they deem similar.
When there is an inevitable divorce, it is most important that parents work out a custody arrangement first, setting out how the parties will approach custody and visitation time with their children. Although the Courts can order a custodial arrangement, agreements reached directly between the parents will have the best chance of working out than those enforced by the court in the event of legal disputes.
Even if you have hired an attorney, it is wise to read up regarding child custody law yourself. There are many very good books written solely for mothers and fathers in child custody cases and they are written in very easy and readable format.
HINA BAIG
Karachi
Thanks a lot for the post. COuld you let m eknow what books I should read. I have a sister in law who is going through the same.
Guardian and wards act 1890 by
Muneeb book
or visit http://www.paklawyer.com
Kindly recommend books on child custody
I give divorce to my wife in Panchait that time she was agreed to give my son to me for divorce but now after one month she is not full filling her words and going to in court for case regarding to baby. After divorce he gave me my child that was only 56 day's
Pls tell me what to do, can she took baby from court?
"The children are not mere chattels: nor are they mere playthings for their parents. Absolute right of parents over the destinies and the lives of their children has, in the modern changed social conditions, yielded to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them"
Well said sir,
Umair (Attock)
The right of custody over the child remains as long as the child does not reach the age of seven. Once the child reaches the age of seven, the father can take the child forcefully if he wishes todo so. The right of custody over a girl remains until she reaches nine years of age. Once she turns nine, the father can take her and the mother does not have the right to prevent her from going.
kindly note that no parent can get custody by force, it is the court that will decide, secondly daughter will remain with her mother till her marriage,,,But,,,the paramount consideration in all cases irrespective of the age of the ward is the welfare of the minor, if the welfare of the minor lies with the mother then the court will award the custody to mother …so there is no fix rule what is fix is that the welfare of the minor is the paramount consideration…
well being of the child is considered, child cant be taken forcefully if the father is abusive or has a criminal record and provided no maintenance to the child.
If the mother marries a person who is not a mahram relative of the child, then the mother forfeits the right of custody over the child. However, if thewoman marries a mahram relative of this child, e.g. she marries the child’s paternal uncle or any other similar relative, then the mother’s right of custody remains.
plz contact me i need to hire you for one case. 03100157787
Dear Sir,
Due to bad conduct of
my wife , i want to give
her divorce.i am father
of a daughter 9 month
old.now she is with her
mother.. My questions
are…
1>. My wife belongs to
a bad character n
notorious family.. Her 1
sister, 2 cousins and 1
aunty with 3 daughter
ran away with their
boy friends.few of them
came back.
CAN I CLAIM THE
CUSTODY OF MY
DAUGHTER ON ABOVE
MENTIONED GROUND &
Is there chance of my
win?
2>.My wife n her
mother thearts me
many time that they
will kill my daughter or
ran away with her to
any other city or
country..
What should i do in this
regard?
3>.My wife is phyco
patient many time she
attacked on me bites
me..many time she bite
or tends to bite minor
daughter.. She
attempted to cut her
veins.she had scars on
her arms..
Should i mention these
things in court will it
helps me?
4>. My father in law is
in Saudi Arabia since
last 10 years. And
brother in law is in Uk
since 2010… My father
in law refuse to came
back permanently due
to bed reputation of his
family.My wife and her
mother is living at their
home with my wife’s
cousin… I have objected
them that he is
NAMEHRAM.. but my
inlaws refuse this
objection…
I cant bear this
situation that my
daughter brought up in
such type of
enviorment..
What should i do?
Regards..
Anees Rehman.
There is a special law regarding this issue called the Biting with Evil Intentions Ordinance, you should invoke that.
pls tell me about my 5 yrs son my wife left me before 2 month as sepration and no contact with me even she took my son i have no contact with son she doesnt want me to contact him i dont know where they are liveing totally hidden so what i should do now i want to my son back to my custody or legal authourty to take care about him like education and different matter pls reply me
We've not enough know-how about computers the little one custody but your few composing has the ability to allows myself a vital know-how about computers the little one custody. A useful lettering for me. Cheers regarding such type of wonderful composing.
I've not enough knowledge about the child custody but your handful writing is able to gives me a vital knowledge about the child custody. Which is a valuable lettering for me. Thanks for such kind of nice writing.
In my case, my brother is in Pakistan and his wife has left him and her two daughters ages 9 & 7years and one son age 4 years and now she said that she is not willing to take the responsibilities of her kids. She is still not divorced but she contacted her husband via a phone and said she will take a QULLA via court and will be separate soon.
Off-course my brother cannot better take care of his children as his wife or kids' mother can do. Just in case if my brother gives her divorce what will happened to the children? If his wife rejects to take custody of her kids then by law can my brother approach to the court and say that I am willing to pay for their upbringing but not willing to care for my kids and that must be pertain to their mother.
In short, my brother do not want to keep his kids with him then what will be the way to hand over kids to their mother as kids cry many times a day for their mother.
Please reply. Thanks.
i found it your very informative site.
this is the very nice site.
From your post I've come to know a vital knowledge about the child custody. That is able to makes me more knowledgeable about such kind of issue and I hope most of the people also able to collect such precious knowledge about the child custody.
The information inscribed would be useful for agencies or advocates of transracial adoption. I have met couples who have adopted orphaned children from Pakistan.
how long is the process for a custody case, to attain a guardianship letter?
sir my wife demanded divorce in a jarga. my son is 7months old and she also demanded to give da chil da custody to her…………i was under pressure bcoz i was in jail due to her false FIR………… i gave her in written in court that i m giving her my son's custody and divorce……………she is living n a hostle bcos her famil;y is not happy wid her……….i m missing my son alot……she didn't allow me to meet him…..she says go to court…….i m a medical college student, i can give all da expndature of my son not can not put my career in danger by visiting courts 100 times. plz sir help me
she done a perfect thing to u , as this is her right, she had pregnancy of 9 month and then upbringing of kid. U have no more rights
jamal hussain khan
Dear sir my wife put a suit for khulla in court and also guardianship of childrens we have two kids one 9year and other 6 year both are boys in this condition i want to custody of my kids please adivse me can i take custody of my kids or not .
Kindly suggest me a possible solution, we are going through the same problems as discussed above, My In-Laws always ask for separation as when i complained about their daughter's any issue, she didn't pay me any attention nor the kids, i have twin baby girls and now they are about 6 months old, whenever i try to resolve the issue my In-Laws ask for separation and threatened me to take my babies and leave their daughter, Is there any possible way if i took my babies from them and ask them to sign a legal note in front of Honorary Court of Law that they will not ask for babies in future whatever the circumstances will,
i want to know about the rules of guardianship of a baby boy plz…. m mother tell me he is with me now but later on what will happen i want to know all the circumstances…i really want to take my baby's guardianship after seven years what should i have to do now…..plz help me out plzzz….
I have two cases to discuss with you: i)if a couple is separated but not divorced and they have two children one son and one daughter. Both partners/a couple lives in two different provinces of Pakistan. Husband had expelled out her wife by beating /bleeding etc and other wrongdoing for long time.Now the children are with father.A man did not give his monthly expenditure more than Rs.1000 wherein she not only has to spend the same amount over her daily expenses but also over meager expenses of her children, in short only Rs. 1000 pocket money in f/o her wife is given for the expenses of her own and children in all. My question is how long would it take to get the children back to their mother and what about the legal process and how would it proceed?ii) if a couple is childless/issueless since their marriage and wife has absconded and reached her mother house , In Nikah nama it is written that male has to pay six lac in case of 2nd marriage. Now what is the legal way for male to justify his innocence to get 2nd marriage due issulessness of her wife and female has provided wrong medical report of his husband regarding his manliness but actually man has other latest reports correct , how this could be justified in the court by the man?
I am a lawyer student and from a long time I am work the child custody. I've some knowledge about this issue. But, your writing is more delighted to me about the child custody. Which helps me a lot to earn some knowledge and build-up more my career.
i have a problem. how is it written there
My brother-in-law remarried and now has a son with his new wife. He has two children from a previous marriage. The two children (a boy and a girl) where bought up and cared for by their grandmother (DAADI) with the financial support of my husband. Due to a family dispute my brother-in-law has now left the family home with his new wife and all the children. There is serious concern that he can not financially support the family and the step mother does not have the children's best interest at heart. Now the grandmother wishes to make applications for custody of the two children she has always been a guardian for. Is this possible?
Hina Baig Sahiba!
Im a columnist. I need some information by your side about child custody laws in Pakistan. According to existing law (1890) a father can meet his child one time in a month for two hours only. This means a father can spend only 24 hours in a year with his child. Please give me some details regarding this portion of child custody.
Thank you
Syed Sardar Ahmed Pirzada http://www.saafsaaf.blogspot.com
one day my mother-in-law came back from America and take my wife and my 10 months son, telling a lie that her sister health is not good so I bring my daughter (my wife and my son) and after 2-3 days I will drop it back. On that time I am living in Dubai, U.A.E. After 2 days's my wife demanding talaq with some stupid reasons that I don't care her and my son. I refuse it. Now my wife send me notics by court that she want khula. So I need to ask what about my child custody? and If after Khula I will submit case to court about my child custody so It will be approved or when will I take custody of my child. One more thing my wife and her mother want to go Malaysia because they had lived Malaysia in past.
Be humble to your wife and try solving the matter out of court. Try involving elders from both families to settle the matter and if there is something you did wrong, don't let your ego take away your wife and son from you. Your son is just 10 months old. The court would not give you custody of the child, unless you prove something extra-ordinary about your wife. The court matters are really tiring and wastage of time and money. You have not yet divorced your wife and you still have a chance to settle the dispute. Make all efforts you can. I am not supporting your wife, I am just supporting your child. The best a child can have is both parents living together, even when they are living a compromised life.
If someone can help on this by addressing legal clauses of Pakistani courts.
I ex-wife have my child with her without court permission its just on mutual understanding but now she wasn't in country. As she is working in another country but my son MASHAH ALLAH 4 years old is another. Last time judge decided that the my son will stay with my wife mother not with me or my family either the mother of child is not in country. My question it is possible that the my son stay with me.
I am going for Khula. I have a 8 month Daughter . please, help. Who will get the custody of my daughter. I do not want to send her to her father.
if woman takes khula then what is the right of father about girl's custody ?????or it will remains to mother??
Hi,
i want to ask if my wife is mentally ill and I have documents regarding this fact from best doctors of Pakistan that do have illusions , delusions, hallucinations and doctor has mentioned about her unpredictable behavior and mood swings due to her disease. But 10 months in a year she is normal.
In such case who will have right over child if at the time of case my wife is in normal mental state?
what will be the best way to get custody of kids for their better future.
please advice as i m very upset.
My name in Muhammad Waris, I am from Sialkot Pakistan.
On November 20th 2016 i got married in Pakistan and came here in Dubai for work purpose but right after reaching here problem starts in my house. I try to solve with love, with anger, and with request but nothing work.
and 1st of march 2016 i give her divorce by word three together. but the same time she is pregnant and maybe she deliver the baby in august or September. somebody told me i have to wait her to deliver the baby then divorce complete. pleas help me about this issue
and one more thing she is in her house and i don,t want her as a wife but the same time i don't want to leave the baby. When i ask them i am responsible for this baby and i will send the money for your medic-en and delivery charges but she say i don't want to take money. She saying i will take this money in the court. Please help me how can i protect my child & myself.
Thanks for sharing.
hi plz suggest me something if family lawyer is available
my brother died in an accident few days ago after his death his first child got birth my sister in law went to her parents house after death of my brother and had delivery there before they were taking to my sis in law we had an agreement with her father that if my sister in law will get marry again then that child will b given to my mother but now the thing is this my sister in law wants to give my brothers child to her brother legally adoption and then she will marry some one we really want to take our brother child n take care of her as my brother is no more its my brothers last thing we can have please tell me is this possible what my sister in law wants ? and how we can take costudy of my brothers doughter.
Comments are closed.