Common Misconception 

It is a common misconception in our society that custody of a minor son can only remain with the mother until the age of 7 if there is a separation or divorce from the husband and that the minor son is then handed over to the care of the father. In the case of underage daughters, it is also a misconception that they are handed over to the father once they reach puberty. This is not correct, as custody of a minor son or daughter is decided by the competent court, taking into account the best interests and welfare of the minor.

When we say "best interest and welfare of the minor," it means that the court where the custody petition is pending has to examine the facts and circumstances to decide whether the minor should remain in the mother's custody or be handed over to the father in Pakistan.

According to Islam

According to Islam, custody of a minor son goes to the father when he reaches the age of 7. In contrast, the non-custodial father can obtain custody of a minor daughter once she reaches the age of puberty. The family courts in Pakistan consider the proclamation issued by recognized Muslim jurists when deciding on the custody petition of the non-custodial parent. However, under the custody laws applicable in Pakistan, the family courts are required to decide on the custody of minors by determining the best interests of the minor. In doing so, Pakistani family courts are not obliged to follow the Islamic principle discussed above unthinkingly.

This means that the non-custodial father must prove the minor's best interests in court by providing evidence that it is in the minor's best interests that his custody be given to the non-custodial father. The age factor is, therefore, not a sufficient reason for the court to award custody of the minor to the father.

 It is also another misconception in our society that custody of minors is given to the non-custodial father because the father is financially strong and the mother cannot take care of the minor's daily needs alone.

Some of the factors that can be associated with the minor's best interest and welfare are the following:

1. the minor is deprived of education and other necessities by the custodial parent

2. the minor's health is impaired

3. the minor is beaten and tortured in order to impair their physiological upbringing

4. the minor lives in a family compound in which one family member is a felon

5. delay in the payment of alimony and financial support

6. the custodial parent has changed their religion

7. the custodial parent has a bad reputation in society

The non-custodial parent must prove one or more of the above factors in court with substantial evidence in order for the court to award custody in his or her favor. The court will not consider mere oral assertions, and each assertion must be supported by evidence.

Sometimes, it is also assumed that the father's better financial situation is a reason for transferring custody from the mother to the father. This doesn't seem right because, according to recent case law, the father is obliged to pay maintenance for the minors, while the better care and upbringing of the minors is the responsibility of the mother. The father must prove that the custodial mother is not a fit parent and does not provide the best interest and welfare for the minor, without which the court will not recognize the father's claim.

As mentioned above, the age of minors is not a determining factor in custody decisions. Strong evidence must be presented in court to prove that the custodial mother is no longer able to provide for the best interests and welfare of the minor. Our knowledgeable child custody attorneys have extensive experience in child custody disputes. Voice Of justice is the best law firm when it comes to child custody disputes. Voice Of justice promises 100% success in Child custody matter.