One of the most closest relation is custody of children which both the mother and the father is never ready to give up. When the relationship of mother and father are not good or when they get divorced both the husband and the mother tries to get the custody of child. To claim the custody of children it is not necessary that the husband & wife should be divorced they can claim the custody even when they are not divorced. Custody of child can also be claimed by any one when he or she adopts the child.
Custody of child is claimed through filing a case in guardian court and only the guardian court in Pakistan have the jurisdiction to try the cases regarding custody of children. To have the child custody all you need to do is hire the services of a competent Advocate in Lahore Pakistan who will file a case of custody on your behalf in the guardian court and the guardian court will decide the case on merits after hearing all the parties which means both the husband and the wife or some other person who wishes to be the guardian of the child will have the right to file and contest the case. The one who files the case will also have to send notices to the other party and after receiving the notice the other party will appear in the court by appointing one of the advocates in Lahore Pakistan and contest the case by producing there evidences. Evidences are the important stage which decides the fate of the case.
The guardian court while deciding the case of custody the court will bear only one thing in mind which is the welfare of the child and after the evidence stage when your lawyer have given his arguments the court will which whether the welfare of the child is in giving the custody of child to the father or to give the custody to the mother or any other person claiming the custody. While deciding the case of custody there is a law of preference. As per law the mother have the preference of custody of child when the child is in tender age however if the mother have contracted second marriage and the father is single the right of preference is father of the child. If the mother and father both have contracted second marriage then once again the preference is of mother. However the preference does not means that the court is bound to follow the preference if the court on the basis of evidence is of the view that the welfare of the child is in giving the custody of child other than the preference then the court will decide the case accordingly. The term welfare is a huge term in case of welfare of child and is a wider term and many things are included in it and all those things which effects the child is considered as the welfare of child. Once the custody is provided by the court to anyone the court also provides guardian certificate in Pakistan. This guardian certificate in Pakistan is also necessary for the parents who want to take their children abroad. Without the guardian certificate FIA will not allow the parents to take their children abroad due to security reasons. If you are looking for an advocate in Lahore for custody matters please contact Advocate Muhammad Ali Naeem Aazad