CHILD CUSTODY

Who can custody be granted for?

The Court can grant custody for a minor Muslim child a guardian appointed by it.

Who is a minor?

Any person who has not completed the age of 18 years is a minor.

Who can be appointed as Guardian?

The Court appoints a Guardian taking into consideration the welfare of the minor, which includes:

·         The age, sex and religion of the minor

·         Character of the guardian and his nearness to kin if minor is old enough to form an opinion then his or her preference.

When is the mother entitled to custody?

Under Shia Law, the mother is entitled to custody of a male child till she attains the age of two years and a female child till she attains the age of seven years. After these ages custody belongs to the father unless she proves otherwise.