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.