Types of Custody
- Permanently Custody
In this type of custody the minor live permanently with the one spouse either with the father or mother or with any other maternal or paternal relatives. This kind of custody is given the family court concern where the child is living. After the hearing and with the evidence of the witness court allow the permanently custody to anyone. As per law till the age of 7 of male child it is the right of mother to retain the custody of the child and if the ward is female then its age is puberty as prescribed in the Guardian & Wards Act 1890. But this is not final there are so many other grounds which are considered at the time of permanently custody. For example the welfare of the minors, Second Marriage of the mother/father, death of the mother, maintenance of the minors, character of the mother or father, wish of the minors, other female persons in the house of father etc.
- Temporary Custody
This kind of custody in given under section 12 of the Guardian & Ward Act 1890 by the court to any spouse either father or mother till the decision of the permanently custody case. Generally this kind of custody is given to the mother as she is right of hizanat and under Islamic law the mother has right to get this kind of custody. However father can also applied for this kind of custody and father can also be given on the grounds in the absence of the mother, character, not fall under the hizanat etc.
- Meeting Custody
It is the right of the parents to meet with the minor. Both father and mother applied for this meeting with the child. If anyone have no custody and court on the ground will unable to handover the permanently custody or during the pending the main permanently custody case, the court can allow any of the parent to meet with the child. Meeting can be held in any place which court consider fit with the consultation of the both parties. Meeting can be held in the court or at the house of the any party, in the office of any counsel and any other suitable place. This meeting can be held after seven days, fifteen days or after one month as the court may think fit and proper. On the different occasion for example on the Eid days or in the vacations, the court can grant the meeting with the minor for more than one day.
- Legal Custody
Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about schooling, and medical care, etc. This kind of custody is award by the court after the proper hearing of the case and generally this is got under section 25 of the guardian and Ward Act 1890 and per court decision both the spouses are bound to retain as per court decision. This legal custody can be given for specific period for example for the specific age of the ward.
- Illegal Custody
If mother or father forcibly get the custody or snatch the custody of the minor without the will and wish of the other party or against the court decision. This is called illegal custody. And the illegal custody can be given back by the court by filing contempt of court, filing habeas Corpus Petition under section 191 in the court and court after recover the minor handover to the party who has legal right for the minor custody.