Sardar and Co.’s family law attorneys help you deal with all kinds of domestic affairs

Family Law in Pakistan - Sardarco.org

A Family law firm deals with domestic relations including marriage, child adoptions and guardianship, as well as painful issues including divorce, custody and domestic violence. Here, you’ll find an overview of some of the range of issues covered by our family law attorneys and custody lawyers. However, our family law firm’s doors are always open for any and all kinds of questions and queries.

Family law is delicate, and can induce stress, anxiety and emotional exhaustion. At Sardar and Co., our family law attorneys and custody lawyers understand that. We empathize with the needs of our clients and have a strong commitment to defend their rights.

Our Family law firm provides excellent family law attorneys to deal with Divorce issues

If a married couple can no longer find a reason to stay together, they can dissolve their marriage through talaq (when husband pronounces divorce) or khula (when the wife files a suit for dissolution of marriage). Reasons for seeking khula can include (but are not limited to), husband’s disappearances/sentences, failure to provide for the family, involvement in domestic violence, or having a physical/mental disease. Our family law firm and its family law attorneys understand that every case is unique, and work around it to get the best possible outcome for our clients.

Therefore, a woman seeking divorce can seek consultation from our family law firm. Our family law attorneys can file for her Khula to the court.  The court will then issue a notice to the husband and If they fail to appear in front of the court, the court will follow its due process and issue a decree for dissolution of marriage.

Alternatively, as a Family law firm, our Family law attorneys also provide consultation to both parties for pre-trial proceedings and reconciliation efforts. However, if reconciliation fails, the court will decree the divorce.

Sardar and Co.’s family law firm has reputable family law attorneys and custody lawyers to deal with child custody and guardianship 

The Karachi High Court defines “custody” as the ‘upbringing of a minor child by the mother or by someone legally entitled to it’. Child custody, as an aftermath of a divorce, can be a particularly thorny issue. Either of the parents can consult family law firms and their custody lawyers/family law attorneys to appeal to the court for the custody of their child(ren). However, a number of factors, including the age of the child, parents’ conduct, and financial stability are considered by the courts before granting custodial rights. Family law firms and their custody lawyers/family law attorneys also deal with matters concerning custody of children for other entitled persons in absence of parents.

In every matter related to a minor, the court (and consequently, custody lawyers) will give preference to a child’s welfare and interest over that of parents’ rights. The Section 17 of the Guardians and Wards Act 1890 declares the ‘welfare of a minor’ a paramount consideration, and is determined by taking into account the minor’s age, sex and religion.

As per the courts, the welfare of a child means a child’s health, education, physical, mental, and psychological development. Considerable attention is given to the minor’s happiness and emotional attachment with a custodian. Our family law firm will fight for your case with due diligence and care, so you can continue to be close to your loved ones.

Our Family law firm and our custody lawyers make sure that following custodian qualifications are met: 

  • The custodian should not be fāsiq (sinner) and Khā’in (dishonest). The court defines fāsiq (sinner) as the reverse of ādil (just) and khā’in (dishonest) as reverse of amīn (honest). The character of the custodian is important to determine custody issues.
  • Custodian should be a mahram to the child.
  • the custodian should be of the same religion as of the minor

Our family law attorneys and custody lawyers help build case on who gets preference 

Weight is given to the character and capacity of the guardian and his/her nearness of kin to the minor. Preference of the minor is taken into account, if the minor is capable of forming such preference. The custody of a child generally rests with the mother at a tender age; afterwards it goes to the father. Generally, a mother has a right to the custody of her son till the age of seven, while she retains the daughter’s custody till her puberty. We also need to be mindful of the following things:

  • If the father of the child dies, the custody goes to the mother. Paternal grandparents are not entitled to custody in the presence of the mother.
  • The father is the natural guardian and has the right to supervise the child. He remains the guardian even when the child is in the custody of the mother as custody is not a condition for exercising guardianship.  This is due to his responsibility for providing maintenance for the child.
  • If a child is adopted and the adoptive parents are separated afterwards, the court will decide custody issues after considering the best interests of the child.
  • The parent who does not have custody has visitation rights.

Our Family law firm and custody lawyers/family law attorneys work expertly to develop an empathetic child custody agreement between parties

The key ingredients of a child custody agreement include:

  • Presidency, including provisions for geographic moves etc.
  • Access periods for each parent including holidays and other special events and occasions.
  • Decision making and responsibilities regarding education, health and religion.
  • financial responsibilities in the form of child support obligations.

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