How to Apply for Full Children Custody of Your Child in Karachi
It is one of the main issues that comes with divorce or separation. Both of the parties prefer to have full custody of their child to ensure that they do not have to interact with their partners ever again or for various other reasons like that.If you are in the same predicament, then worry not because, in this article we have covered all the bases for you to legally have full custody of your child.
Guardian and Ward Act 1890
According to Section 7 of the Act, 1890, a person in custody of the minor is required to approach the court seeking issuance of a Guardian Certificate.
When the guardian applies for custody, it reflects that the minor has formed an emotional bond with that minor and they have been caring and meeting the needs of the minor. It can help the court in forming an informed decision.
– Guardian court also makes sure that the non-custodial parent does not end up getting custody of the child. They failed to comply with the orders and engaged in obvious violations as well. Once the custody of the child has been granted, the guardian can follow through with the process of issuing an ID card, Passport, or Birth Certificate from NADRA without the consent of the other parent.
Factor Under Consideration for Children Custody
Just like any law, children custody also comes with certain points that the applicant needs to be mindful of. These are as follows;
- The age and sex of the child.
- If the child is old enough to highlight their choice.
- How financially and emotionally secure each parent is.
- The bond of the child with both of the parents.
How to Get Custody?
- Parents should file the petition under the Guardian and Ward Act with all the details mentioned above.
- The court makes the decision of custody considering all the factors as highlighted in the heading above.
- Initially, the court tries to mediate the issue between both parents, which includes a visitation agreement and then grants it approval.
- Parents who refuse to comply with the order will face penalties.
- Once the application has been submitted, the court will issue the date of hearing, and on maximum, it takes up to 3 to 5 years for the court to come to a decision
FAQS:
- Does Pakistan have any children custody laws?
Yes, the Guardian and Ward Act 1890 is the law regarding children custody in Pakistan.
- What are the factors to be considered in child custody?
The age, gender, and preference of the child. How financially and emotionally secure the parent is.
- How long does it take to have the child custody?
It can take up to 3 to 5 Months for the court to make an informed decision about child custody.
- Is it required to get the consent of other parents for documentation after the custody?
No, once the custody is granted, the consent of another parent is not required