Legal Question in Family Law in Pakistan

My 5 year son is presently living with her maternal uncles as my ex wife got married 5 months back.i have been visiting my son for last 3 years via court and sent maintenance claim via post office which was rejected by them (slips of 5 differennt months are with me as proof)many times.My Ex wife also didnot file any maint claim for the child.The mother is also a depression patient but i dnot have any medical papers to prove that.
Now I am planning to file a child custody for my son . I want to know answer to few questions.
1. Should i file the case keeping in view the circumstances after marriage of my ex wife or i should wait till the child get to age of 7 years.
2. Should i ask the court in custody case that mother is living abroad as she has not appeared for last 3 years in the visitation court. i want to use this point for calling the mother in the court for making my case stronger as she wont come to courts after marriage.I also want that shd should get medical checkup via court as she is depression patient and canot handle the child.

3. Do i have to withdraw my visitation case before filing the custody case as suggested to me by one lawyer as per law.
please reply in detail.

Asked on 4/05/13, 12:28 pm

2 Answers from Attorneys

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Brother you have Two remedies:

1. You can file a Petition of Habeas Corpus before Sessions Judge to recover your kid from the illegal custody because being a father you are a natural guardian.

2. File a custody case and you only have to prove the welfare of your child with you because the only point which is considered by the court is Welfare of Child and there's no restriction as to age of 7 years.

For details 0323-5423673 or [email protected]

Answered on 4/05/13, 5:39 pm

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