Family Law
Age Limit for Guardianship/ Child Custody
What is the Age Limit for Guardianship/ Child Custody As Per Law
Separation cases that occur after the birth of a child are more complicated as they involve a child. The child cannot stay with both parents as they are opting for a divorce or separation. So the question arises: where will the child stay?
Child custody means getting the child in separation cases either by the mother or the father. The family court usually determines the case of child custody under the guardian laws of pakistan. The father is the legal guardian of the child, but the mother can also get custody of the child through court. The court mostly does not want to impose strict rulings on the custody of a little kid as it always prefers the child’s safety and interest; however, there are some rules related to child custody and age limit that we are going to mention further in the article.
What is the age of Hazinat in child custody?
The age of Hazinat is the age limit for a minor in the case of child custody. This age limit refers to the age at which the minor child can stay with the mother. The minor child always stays with the mother as the mother has to feed the child and take care of the child which the father can not do as the child is really small.
The age of Hazinat for the minor boy is till the age of seven years. That means after the child turns 7 the father has the right to file for his custody.
On the other hand, the age of Hazinat for the girl child is till the age of puberty, as she has to learn alot from the mother. After she reaches the age of puberty, the father can ask for her custody as her legal guardian.
What are the legal rights of the father and mother over the child’s custody?
As the mother is not the legal guardian of the child, she only has the right to keep the child till the legal age mentioned by the court. However, even if the father is the legal guardian of the child, he can only file for custody after that period.
Is there any say in the child in custody case?
As the case is totally based on the life of the child after the kid turns 18 or reaches adulthood, he can choose to stay with the parent of his or her own choice, and the court will issue custody to the chosen parent.