Child custody agreement in Pakistan is a sensitive matter that needs to be dealt with utmost care. Divorce affects everyone involved, especially children, who often get caught in the middle of the dispute. According to the law of Pakistan, custody of a child goes to the mother until the age of seven, thereafter the father can claim custody. However, this general rule does not apply in all cases, and the court may make different orders based on the facts of the case.
If the parents are separated or divorced, they can reach a custody agreement either through mutual understanding or under the guidance of a mediator. The agreement should be in writing and should clearly state the terms of custody, visitation, and financial obligations such as child support. The custody agreement should also address any special needs of the child, such as health concerns or educational needs.
It is important to note that a custody agreement is not legally binding unless it is approved by the court. Both parents must agree to the terms of the agreement and sign it in the presence of a notary public or lawyer. Once the agreement is signed, it can be submitted to the family court for approval. The court will review the agreement to ensure that it is in the best interests of the child.
If the parents are unable to reach a custody agreement, they can approach a family court to make a decision. The court will consider several factors, including the child`s age, gender, health, and educational needs, as well as the parents` financial situation, their current living arrangements, and their ability to care for the child. The court`s decision will be based on what it deems to be in the best interests of the child.
In cases where one parent is abusive or neglectful, the court may award full custody to the other parent. However, even in such cases, the court may still allow supervised visitation or other forms of contact between the child and the abusive parent under certain conditions.
In conclusion, child custody agreements in Pakistan can be reached through mutual understanding or through the intervention of the court. It is important to ensure that any agreement is in writing, signed by both parties, and approved by the court. The welfare of the child should always come first, and any custody agreement should be made in their best interests.