As per Lawkidunya, In Pakistan, child custody rights for single mothers are governed by the Guardian and Wards Act 1890 and Islamic law. Here are some key aspects of child custody rights for single mothers in Pakistan:
Legal Framework
1. Guardian and Wards Act 1890: This Act gives mothers preferential rights to custody of their children until they reach a certain age (seven years for boys and puberty for girls).
2. Islamic law: Islamic law (Shariah) also recognizes the rights of mothers to custody of their children.
Key Principles
1. Mother’s preferential right: Mothers have a preferential right to custody of their children until they reach a certain age.
2. Welfare of the child: The court’s primary consideration is the welfare of the child.
3. Best interests of the child: The court makes decisions based on what is deemed best for the child.
Factors Considered in Custody Decisions
1. Age and sex of the child: The court considers the age and sex of the child in determining custody.
2. Mother’s character and conduct: The court evaluates the mother’s character and conduct, including her ability to provide a stable environment for the child.
3. Financial stability: The court considers the mother’s financial stability and ability to provide for the child’s needs.
4. Child’s emotional attachment: The court considers the child’s emotional attachment to the mother.
Challenging Circumstances For Single Mothers
1. Remarriage: If a single mother remarries, she may lose her preferential right to custody.
2. Financial instability: Single mothers who are financially unstable may face challenges in retaining custody of their children.
3. Social stigma: Single mothers may face social stigma and discrimination, which can impact their ability to retain custody of their children.
Rights of Single Mothers
1. Right to custody: Single mothers have a right to custody of their children until they reach a certain age.
2. Right to maintenance: Single mothers have a right to receive maintenance from the child’s father.
3. Right to make decisions: Single mothers have the right to make decisions about their child’s education, healthcare, and welfare.