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Child Custody Lawyers & Guardianship Attorneys in Karachi, Islamabad, Rawalpindi and Lahore

Child custody and guardianship cases

The Best Child Custody Lawyers & Guardianship Attorneys in Karachi, Islamabad, Rawalpindi and Lahore Are Ready To Help You

We are child custody lawyers & guardianship attorneys. Our dedicated lawyers for child custody & guardianship in Karachi, Islamabad/Rawalpindi & Lahore, Pakistan are available to resolve your issue and help you get justice. Our dedicated child custody lawyers & guardianship attorneys in Karachi, Islamabad/Rawalpindi & Lahore, Pakistan are available to resolve your issue and help you get justice. Right Law Associates (Pvt) Limited has Pakistan’s best family lawyers practicing in the Civil, Family and Guardian Courts, Sessions Courts and High Courts, throughout Pakistan and they’re ready to help you.

Expert Child Custody and Guardianship Lawyers: Compassionate Legal Support for Families in Pakistan

Our Child Custody Lawyers and Guardianship Attorneys in Karachi, Islamabad, Rawalpindi, and Lahore

When families face separation or divorce, one of the most sensitive and challenging aspects is the determination of child custody and guardianship. The legal and emotional complexities involved in such cases require expert guidance from experienced lawyers. Our child custody lawyers and guardianship attorneys in Karachi, Islamabad, Rawalpindi, and Lahore are dedicated to providing compassionate, effective, and professional legal services to protect the best interests of the child while upholding the rights of our clients.

Understanding Child Custody and Guardianship Law in Pakistan

Child custody and guardianship laws in Pakistan are governed by both Islamic jurisprudence and statutory law. The primary aim is to ensure the welfare and well-being of the child, which is considered paramount in all custody and guardianship decisions. Below is an overview of these laws as they apply in Pakistan:

Child Custody Under Islamic Jurisprudence

In Islamic law, the concept of child custody (commonly referred to as “Hizanat”) revolves around the welfare of the child. While mothers are generally given preference for custody of young children, fathers are often considered the primary guardians responsible for the child’s financial support and overall upbringing. The principles of custody include:

  • Custody of Minors: Custody typically remains with the mother until a specific age, depending on the child’s gender. For boys, this age is usually seven years, and for girls, it lasts until they reach puberty.

  • Role of the Father: Fathers retain the right of guardianship (“Wilayat”), which includes financial responsibility and decisions related to the child’s education, marriage, and property.

  • Best Interests of the Child: Islamic jurisprudence emphasizes that the child’s welfare is the ultimate priority, even if it means deviating from traditional custody norms.

Statutory Framework for Custody and Guardianship

Pakistan’s statutory framework for custody and guardianship is largely based on the Guardians and Wards Act of 1890. Key provisions include:

  • Guardianship: The court appoints a guardian when necessary to ensure the child’s welfare, particularly in cases where neither parent is deemed suitable.

  • Custody Decisions: Courts consider the child’s age, gender, emotional attachment, and the moral character of the parents when making custody decisions.

  • Visitation Rights: The non-custodial parent is generally granted visitation rights to maintain a relationship with the child.

  • Court’s Discretion: Judges have wide discretion to interpret and apply laws in a manner that ensures the best outcomes for the child.

Why Choose Our Child Custody Lawyers and Guardianship Attorneys?

Our team of expert lawyers in Karachi, Islamabad, Rawalpindi, and Lahore has an exceptional track record in handling child custody and guardianship cases. Here are some reasons why our legal services stand out:

Unparalleled Expertise

Our lawyers possess extensive knowledge of both Islamic and statutory laws concerning child custody and guardianship. We skillfully navigate the legal landscape to provide clients with the best possible outcomes.

Compassionate Representation

We understand that child custody battles can be emotionally draining for all parties involved. Our attorneys approach each case with sensitivity and empathy, ensuring our clients feel supported throughout the process.

Customized Legal Strategies

No two cases are alike. Our attorneys develop tailored legal strategies based on the unique circumstances of each case to protect the rights and interests of our clients and their children.

Proven Success Record in Child Custody Cases

With years of experience and countless successful cases, our lawyers have earned a reputation for excellence. Clients trust us to deliver favorable outcomes, even in the most challenging situations.

Comprehensive Support By Our Child Custody Lawyers

From filing petitions to representing clients in court, our legal team provides end-to-end support. We also assist in negotiating out-of-court settlements when possible to minimize conflict and stress.

Our Services in Karachi, Islamabad, Rawalpindi, and Lahore

Karachi

In the bustling metropolis of Karachi, our lawyers are well-versed in navigating the intricacies of family law cases. We provide expert counsel to ensure the rights of parents and children are upheld.

Islamabad

As the capital city, Islamabad hosts a diverse population with unique legal needs. Our team is adept at handling complex custody and guardianship disputes in this region.

Rawalpindi

In Rawalpindi, we offer compassionate legal assistance to families facing custody issues, ensuring swift and effective resolutions.

Lahore

In the cultural heart of Pakistan, our attorneys combine their deep understanding of Islamic law and modern legal practices to provide outstanding services.

Child Custody and Guardianship Cases

Child custody and guardianship cases demand a nuanced understanding of the law, empathy for families, and unwavering dedication to justice. Our child custody lawyers and guardianship attorneys in Karachi, Islamabad, Rawalpindi, and Lahore are committed to safeguarding the rights and interests of our clients and their children. Trust us to guide you through this challenging time with professionalism, compassion, and unparalleled legal expertise.

Child Custody Issue Arises After Divorce, Khula or Separation

Child custody and guardianship remain a burning issue after divorce, khula or separation of husband and wife. After each divorce in Pakistan, the issue of child custody arises, making both parents aware of child custody laws. Even though being a single parent can be difficult, each parent strives to gain custody of their child through any legal provision.

Child Custody Become a Controversial Issue

Divorce in Asian countries may cause child custody to become a controversial issue, causing oldsters to grasp the laws governing kids’ custody. No matter how challenging it is to be a single parent, every parent seeks all kinds of legal provisions to regain custody of their children.

Child’s Welfare is the Main Concern of the Court For Child Custody and Guardianship 

While granting child custody rights to any parent, the court takes into account the child’s welfare. Hence, several factors of the parent are considered. As, the court‘s primary concern when granting guardianship  rights to a parent is the welfare of the child. In order to assess parents’ capability and character, factors such as their monetary stability, reportable misconduct, and character are considered. 

Usually, the courts grant physical custody to at least one parent, but the accumulated range of cases has resulted in shared burdens and guardianship. Consequently, tutelary laws in Asian cultures can also be identified as physical and legal laws.

Parents are Liable For the Welfare of Child/Children

Asian jurisprudence holds that, as a matter of law, the parents are solely liable for the welfare of a child. The court will consider the minor’s preference when dealing with such matters if he or she is old enough to make an intelligent decision.

Both Parents Share Legal Responsibility and Guardianship of a Child

Traditionally, mothers in Asian nations were granted custody of their minor children. But nowadays, increasingly, women opt for career-driven lives, which may make it impossible for them to raise their children as single parents. Still, in most cases, a parent (mostly the mothers) is granted sole physical custody; however, increasing numbers of cases have seen both parents share legal responsibility and guardianship of a child. Therefore, Pakistani custodial laws can be categorized as physical and legal.

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Child Custody after Divorce: Legal Age of the Child

Children in Pakistan are given legal custody by their mothers, which is known as ‘Hizanat’.  As a child reaches the age of seven, a mother’s right over him ends, but the right to raise him continues. As opposed to absolute rights, this right is created in the interest of the child.  A girl is given to her mother until she reaches puberty. The conduct of the mother plays a very significant role in this law. She may lose custody of her child if she is found ‘objectionable’. A court of law has the right to grant the father custody after the mother’s term has ended. Unless both parents are present, the child’s grandparents are awarded custody.

Child Custody Law in Pakistan

Over the last two decades, trends in our society have seen a paradigm shift in marriage, as well as an increase in divorce cases. As more and more middle- and lower-middle-class couples file for divorce, child custody battles are increasing. Divorce has several implications for the individual, the family, and society at large. However, the children of divorced couples bear the brunt of the entire process. In order to make their lives more advanced, conservative persons search for alternative partners. However, the kids carry the trauma of being manipulated and hurt, showing emotion throughout their lives. The numerous youngsters, we have handled in our legal practice, have been plagued by conditions such as temperament disorders, drug abuse, criminal conduct, and opposing social characteristics.

Child Custody

Important Law For Guardianship & Child Custody

GUARDIAN & WARDS ACT 1890

The Guardians and Wards Act, 1890, is credited with giving rise to the law of guardianship and custody of youths in Asian countries. Guardian courts consider the minor’s welfare first when granting custody of minors to a parent or classically to grandparents or another relative.  It is through the aforementioned law that youngsters are awarded custody. There are typically 3 parties to guardian/custody proceedings in an exceptional family/guardian court: 

  1. The protective parent.
  2. The nonprotective parent.
  3. The Minor. 

Definitions and scope of "Hizanat" and "Wilayat"

In Sections 17 and 25 of the Guardians and Wards Act, 1890, parental rights regarding custody are addressed. These rights are referred to as “Hizanat” and “Wilayat” respectively. The word “Hizanat” is used for the custody of minors by the mother, and the term “Wilayat” is used for the custody of minors by the father. 

It is known that “Hizanat” refers to children in the custody of their mothers, and “Wilayat” refers to children in the custody of their fathers. “Hizanat” means “upbringing” in its literal sense. Walayat is thus also included in this concept. Similarly, it is important to keep in mind that in legal terminology, the term ‘Hizanat’ or ‘Wilayat’ should not be construed as just referring to the mother or father of minors. Minors can also be raised by their aunts or grandmothers if they have the legal authority.

Custody of a Boy Does Not Automatically Transfer to Father, after Being 7 Years Old

There is one point to note, as some people believe that a boy gets the father’s custody when he turns seven, but this is incorrect.  However: regardless of customs or personal laws, any parent who wishes to gain custody of their child but cannot reach an agreement, must seek custody separately from the Court. When a child reaches a certain age, custody does not automatically transfer to the father.

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Difference Between Child Custody and Legal Guardianship

When there is a dispute over where a child should live, the court will grant the child’s legal custody. As an example, a custody agreement could determine which house a child will live in or how much time they will spend there in the event of a divorce or separation. Besides defining custody rights, a custody agreement can also define other aspects of care, including medical and education costs, as well as living arrangements.

Individuals other than biological parents may be granted legal guardianship. An adult may be permitted to take care of a minor. The court can appoint another person to act as guardian if a parent is absent or unable to do so. Even if someone else is appointed as guardian, biological parents may retain their parental rights, depending on the circumstances. An extreme situation may, however, result in a judge rescinding or suspending those rights. A guardian could also be appointed when both biological parents are deceased.

Child Custody Lawyers of Right Law Associates Can Help You with Child Custody & Guardianship Matters

Your Trusted Legal Partner for Family Law Matters

When it comes to navigating the intricate legalities of family law, trust Right Law Associates to be your steadfast partner. With over three decades of unwavering dedication and a reputation built on excellence, we specialize in offering tailored legal solutions that prioritize your rights and the welfare of your loved ones. Whether you are seeking legal guidance in sensitive matters like child custody, adoption, or matrimonial disputes, our experienced team is committed to supporting you with empathy and professionalism.

Right Law Associates, being the expert law firm in Pakistan serving you since 1985, can help you with Child Custody and Child Adoption. We aim to provide our clients with professional legal consultation in all family issues including divorce/khula, financial law, criminal cases, and other civil litigation matters. We also deal in matrimonial matters such as online shadi (online marriage/online nikah)Online marriage/online Nikah or online shadi is common nowadays.  

You can ask us questions about legal issues in the comment box or send us an email with your query at [email protected]. Our expert child custody lawyers are one call away from you. Book an appointment by calling at 0316-66 44 789. 

Legal Services

Our Attorneys
Syed Mohsin Ali Shah, Senior Family Lawyer & Corporate Tax Advisor
Mohsin Ali Shah, Family Lawyer & Chairman Qanoon Group
Phone : +92316-6644789

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Required Qualities and Capabilities of Child Custody Lawyers and Guardianship Lawyers

  1. Expert Knowledge of Family Law
    child custody lawyer must have a deep understanding of both Islamic and statutory family laws to provide effective legal representation.

  2. Empathy and Compassion
    Guardianship lawyers should approach emotionally charged cases with sensitivity and understanding to support clients during difficult times.

  3. Strong Negotiation Skills
    A skilled child custody lawyer can negotiate favorable agreements, helping clients resolve disputes amicably whenever possible.

  4. Courtroom Experience
    Guardianship lawyers must be proficient in presenting cases before judges, leveraging their expertise to secure the best outcomes for the child.

  5. Ability to Prioritize the Child’s Welfare
    A qualified child custody lawyer ensures that all legal strategies focus on the best interests of the child, as required by law.

  6. Attention to Detail
    Guardianship lawyers must meticulously prepare documents and evidence to strengthen their client\u2019s case.

  7. Strong Communication Skills
    A child custody lawyer should clearly and effectively communicate legal options and strategies to clients, ensuring they fully understand the process.

  8. Conflict Resolution Expertise
    Guardianship lawyers often act as mediators, resolving disputes between parents to minimize the emotional toll on the child.

  9. Knowledge of Cultural and Religious Norms
    In Pakistan, child custody lawyers must be familiar with Islamic jurisprudence and cultural sensitivities to navigate cases effectively.

  10. Dedication to Client Advocacy
    A guardianship lawyer should be unwavering in their commitment to protecting the rights of their clients and ensuring justice is served.