Legal Question in Family Law in Pakistan

im seeking a divorce from my husband and i have a little boy aged 18 months...i want total custody of my child which he is willing to give but i want to make it legal on papers..i work ,and will inshAllah remarry ......what is the whole procedure to go about for the total custody of the child so that im not bound with him in the country ,i might move abroad....


Asked on 5/01/10, 12:13 pm

2 Answers from Attorneys

in fact the mother has the right of custody of her son under hazanat (till the age of minor boy reaches seven) In your case as you said he is willing to give the full custody so there may be two options (i) simple deed of surrender the right of custody in all circumstances , and then whatever you do shall not effect the custody like taking away the child from the local jurisdiction ,or re-marrying which could possibly dent the competency of being a suitable person to hold the custody.(ii) the other option is more comprehensive and could be challenged in future, in case the man changes his mind.i.e by holding and retaining the custody by the order of the court. You can call me from 3 to 7 pm to discuss this in detail or for the follow up.

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Answered on 5/01/10, 12:30 pm

in fact the mother has the right of custody of her son under hazanat (till the age of minor boy reaches seven) In your case as you said he is willing to give the full custody so there may be two options (i) simple deed of surrender the right of custody in all circumstances , and then whatever you do shall not effect the custody like taking away the child from the local jurisdiction ,or re-marrying which could possibly dent the competency of being a suitable person to hold the custody.(ii) the other option is more comprehensive and could not be challenged in future, in case the man changes his mind.i.e by holding and retaining the custody by the order of the court. You can call me from 3 to 7 pm to discuss this in detail or for the follow up.

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Answered on 5/01/10, 12:34 pm


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