Joint Legal Custody in Pakistan:
Joint legal custody in Pakistan for children is termed to be custody for children where the mother and father of the child jointly hold custody. In joint legal custody in Pakistan for children, the parents share the equal rights and liabilities of the child. The rights and liabilities towards the child may be shared by the parents in terms of their education, upbringing, health, welfare, etc. Joint custody may be shared by the parents before and after divorce between them. The parents after divorce may enjoy visitation rights equally. In Pakistan the Guardian and ward act of 1890 deals with cases of child custody in Pakistan. For the cases of custody, the parents of the child have to approach the guardian court. The guardian court will decide if custody should be given jointly to the parents or the father or mother only. Every case is a different case in the guardian court and the court in deciding the case will see the welfare of the child or children.
Benefits of Joint Legal Custody in Pakistan:
Below are some of the benefits of joint legal Child custody in Pakistan
- Happy parents: The parents are comparatively happier as compared to when the child is given to just the mother or the father.
- The child gets the love of both: In joint legal custody in Pakistan, the child gets the love and affection of both the mother and father instead of when the child is given to just one of them.
- Better upbringing: The child is better up when the custody is equally shared by the parents.
- Better communication: The child gets better communication and cooperation from the parents.
- Better decisions: Better decisions can be made in the favor of the child if joint custody of children is given to the parents.
- Better relationship: The child develops a better relationship between the mother and the father in joint custody.
How to get Joint Legal Custody in Pakistan:
There are two ways to claim joint legal custody.
- The first way is to file a case in guardian court. To approach the guardian court you have to hire a lawyer in Pakistan. The lawyer will file your case in the guardian court. The guardian court will either decide the case in favor of the mother or father. Please note that the guardian court may issue a guardian certificate in Pakistan in favor of both the mother and father if they both are agreed. Both the mother and father must agree on joint legal custody in Pakistan for children otherwise the court will have to decide the case in favor of one of them.
- The other procedure to have joint legal custody in Pakistan for children is mediation or settlement. If through mediation or settlement, the parents have mutually decided how the custody of the child will be shared then there is no need to bring the case to the court. However, in case of a violation of the agreement between the parents, you can file the case again through a family lawyer in Pakistan. Please note that this agreement is just like mutual understanding between the parents, officially it is not recognized to take the child abroad or in any office or department.