Understanding Father Custody Rights in Pakistan: A Simple Guide

Table of Contents

Introduction to Father Custody

Many people in Pakistan feel confused about whether a father can keep his children after a divorce. Often, social myths make fathers believe they have no rights at all. However, the law actually gives fathers a fair chance to ask for the care of their children. This article explains how a father can use the legal system to protect his bond with his kids. You just need to follow the right steps and understand how the judges make their choices.

The Legal Laws in Pakistan

The main law that handles these cases is the Guardian and Wards Act of 1890. This law outlines exactly how a dad can claim child custody for fathers. When a family breaks apart, the court uses this specific law to decide who will look after the children. While many people think the mother always wins, the law actually looks at what is best for the child. This means Pakistani law for father rights is very active and provides a clear path for men who want to raise their children.

Different Types of Child Custody

Fathers can ask the court for two main types of help. First, a father might need a quick decision if the situation is urgent. This is called temporary custody. The judge makes this choice while the bigger case is still going on. Second, a father can ask for permanent custody. This is the final decision that the court makes after looking at all the facts. Both options help a father maintain his legal rights of dads during and after a legal battle.

How to File a Case in Court

To start the process, a father must visit the Guardian Court. He needs to file a formal request with the help of a lawyer. After filing the paper, he must show evidence and documents to the judge. Both parents will then attend hearings where they answer questions. This process allows the judge to see the full picture of the family life. Eventually, the court listens to all sides and gives a judgment about who should keep the child at home.

Reasons Why Fathers Get Custody

The court considers several big reasons when gaining custody in Pakistan as a father. For example, if the mother marries another man, the father often has a stronger claim. The court also looks at whether the mother neglects the child or behaves in an immoral way. Furthermore, if a mother refuses to follow court orders or moves too far away, the judge might hand the child to the father. Usually, the law also favors the father once a boy turns seven or a girl reaches a certain age.

The Right to Visit Your Child

Even if the mother keeps the children, the father does not lose his connection. Every father has a legal right to meet and spend time with his kids. If a mother tries to stop these meetings, the father can ask the court for visitation rights. The judge will set a schedule so the father and child can stay close. This ensures that the child still feels the love and support of their father regardless of where they live.

Why Child Welfare Matters Most

The most important rule in any custody case is the welfare of the child. Judges do not care about who has more money or who is more powerful. Instead, they focus on the emotional health and safety of the kid. They look at who can provide better education and a more stable home. Because the child’s future is the top priority, the judge will always choose the parent who offers the best environment for growing up.

Does Money Change the Court Decision

A very common mistake is thinking that a poor mother will lose her children. This is not true at all. The court believes that a father must pay for the child’s needs even if the child lives with the mother. Therefore, a father cannot win a case just because he is richer. The judge cares more about love and care than a big bank account. This rule protects the bond between a mother and child while still holding the father responsible for financial support.

How to Appeal a Court Order

Sometimes a father might disagree with the first decision the judge makes. In this case, he has the right to appeal. He can take the case to a District Judge to ask for another look. If he still feels the decision is unfair, he can even go to the High Court. This system ensures that every father gets multiple chances to prove that he is the better choice for his child’s upbringing.

Final Thoughts on Father Rights

Fathers in Pakistan have strong legal paths to stay in their children’s lives. While the process takes time, the law remains fair to both parents. You must focus on the well-being of your child and provide honest proof to the court. By understanding your rights and following the legal steps, you can successfully navigate the family court system. Always seek professional advice to make sure you handle your case the right way.

For professional assistance with law services and related legal matters, contact: call any time

Muhammad Amin, Advocate 

📞 Phone: 0313-9708019

📧 Email: muhammadaminadvo111@gmail.com