Do Mothers Have More Parental Rights Than Fathers in Guardian Laws
When a divorcing couple goes through the process of dividing their assets and going their separate ways, there is yet another very important matter that needs sorting, and that is kids and their guardianship. While mother and father go their own ways, another question remains unanswered, and that is where would the kids live and who will take care of them. Such matters can be decided by the mutual consent of both partners if they want however, sometimes mother and father can not come to a conclusion, then the court will decide their rights as per the guardian law rules and then lawyers for guardianship and child custody requires. Here another question arises that do mothers have more parental rights than fathers in guardian laws? To answer this question, we have drafted this article, so read on this the end.
Guardian and Ward Act 1890
In Pakistan, guardianship and custody of children are primarily governed by the Guardian and Wards Act of 1890. This law outlines the legal framework for appointing and regulating guardianship of minors, focusing on the child’s welfare and best interests. The rights of father and mother are decided as per the clauses of this act and the mother can get the custody if she want and is fit for custody. A Child Custody Lawyer in Karachi can also help you with expert legal advice and representation in matters of child custody, guardianship, and parental rights.
Mother’s Parental Rights in Guardian Laws
When parents go for divorce the mother can get the custody of the kids and she will have the following rights:
- The custody of the boy kids will go to mother if they are minor and the mother is capable of taking care of them. This rule is valid until the boy reaches the age of 7.
- The custody of the girl kid will also go to the mother if the girl is minor until she hits puberty.
- The mother will also be able to take the custody if the father is unfit for raising kids or is unwilling to take them
- The mother will get the maintenance funds for the kids as per the court’s order
- If the kids are not minor and they willfully want to live with the mother than the mother can easily take their custody.
Father’s Parental Rights in Guardian Laws
Father also has his parental rights in the guardian act mentioned below:
- Father can take the custody oif the minors if the wife can not take care of her kids due to some reasons or she is not willing to take them
- If the kids has reached the adult age and they are living with the mother than the father can file for their custody.
- The father can also get the custody if the kids themselves say in court that they want to live with their father and not with their mother
In conclusion you can decide for yourself if the mother has more right than the father in guardian land custody law as we have clearly stated the rights of both.
