A Custody Affidavit is a formal legal document utilized in Pakistani jurisdiction when there is a need to officially declare and establish custody arrangements for minor children. This document is particularly important in cases involving divorce, separation, immigration, international travel, or situations where clear documentation of custody rights is required. The affidavit must comply with the Guardians and Wards Act 1890, the Family Courts Act 1964, and Islamic law principles, making it a comprehensive document that combines both civil and religious legal requirements. The document includes detailed information about the custodial parent or guardian's identity, relationship to the child, financial capabilities, living arrangements, and commitment to the child's welfare. It serves as crucial evidence in court proceedings and can be used for various legal and administrative purposes where proof of custody is required.
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1. Affiant's Information: Personal details of the person making the affidavit including full name, CNIC number, age, religion, and current address
2. Child's Information: Complete details of the child(ren) including full name, age, date of birth, and current residence
3. Relationship Declaration: Statement declaring the affiant's relationship to the child(ren) and legal standing to make custody declarations
4. Current Custody Status: Details of current custody arrangements and living situation of the child(ren)
5. Purpose of Affidavit: Clear statement of the reason for making the affidavit and intended use
6. Financial Capability: Declaration of financial means to support and maintain the child(ren)
7. Living Arrangements: Description of housing, schooling, and care arrangements for the child(ren)
8. Verification Clause: Standard verification stating that all information provided is true and correct
9. Oath and Signature: Formal oath and signature section with date and place of execution
1. Other Parent's Information: Details about the other parent - required when both parents are known and alive
2. Court Orders: Reference to existing court orders regarding custody - include if any previous orders exist
3. Travel Authorization: Specific permission for child travel - needed if international travel is anticipated
4. Medical Authorization: Authority to make medical decisions - important when sole custody is being claimed
5. Religious Upbringing: Declaration regarding religious education and practices - particularly relevant in cases involving interfaith marriages
6. Guardianship Arrangement: Details of any additional guardians - needed when third-party guardians are involved
7. Visitation Rights: Proposed or existing visitation schedule - include when shared custody or visitation rights are relevant
1. Schedule A - Identity Documents: Copies of CNIC, passport, birth certificates of affiant and child(ren)
2. Schedule B - Proof of Relationship: Birth certificates, adoption papers, or other documents proving relationship to child
3. Schedule C - Financial Documents: Proof of income, bank statements, or other financial capability evidence
4. Schedule D - Property Documents: Housing proof, rental agreement, or property documents showing living arrangements
5. Appendix 1 - Existing Court Orders: Copies of any existing custody orders or legal documents
6. Appendix 2 - Character References: Letters from community leaders, employers, or other respected individuals
7. Appendix 3 - Educational Records: School enrollment, academic records, or educational plans for the child(ren)
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