As a rental agreement is designed to be a general legal document with general legal rules, those contemplating drafting a petition with a rental agreement issue as an alternative to initiating a suit in court must bear in mind that rental laws are separate and distinct from family law. However, our family law attorneys have the skill and knowledge on how to weave family law issues into a rental agreement scenario, all while avoiding falling into the trap of treating a rental agreement issue like it’s a more mundane legal issue.
CUSTODY AND PAKISTAN RENTAL LAW
That is, the landlord “tenant” relationship and the spouses-parent relationship are not akin to the child custody-parental rights relationship. Nonetheless, when negotiating a parental rights agreement for custody purposes, understanding the terms of the child’s housing arrangement – i.e. the rental agreement – may be necessary, if not essential.
FOR EXAMPLE
Custody arrangements in Pakistan may be divided into two categories: shared parenting and sole parenting. In the case of shared parenting, both parents may become equally-responsible, whereas in a sole parenting case, one parent has full responsibility of the minor child until they reach the age of maturity. Therefore, the question of renting space with a friend or family member may become a matter of concern of the spouse who has custody arrangements of the minor child.
SECURING YOUR CUSTODY RIGHTS THROUGH A RENTAL AGREEMENT
This is to suggest that in becoming co-signers of a rental agreement, the parties of a custody arrangement are securing a shared living arrangement with their friends without having their friends as “roommates.” For example, if a wife and her new boyfriend entered into a rental agreement, both parties would be jointly responsible for the rent of the house or apartment, and therefore, the spouse could move into the rented space. In this way, the rental agreement provides a “financial stability” of the house and its occupants.
RENTER’S FINANCIAL OBLIGATIONS AND FACTORS IN CUSTODY ARRANGEMENTS
As a result, both parties of a rental agreement are legally-bound to the contract and made to fulfill the rental terms. As such, the husband and his girlfriend may enter into an agreement in which they distribute the payments of utilities and also the children’s tuition fees. Therefore, both parties are sharing the financial obligations of raising the children. If one of the individuals of the rental agreement would not be available to provide for the family, then the mother could become the primary-custodian and the father would have the “rights of a visiting parent.”
CONSIDERATIONS OF CUSTODY AGREEMENTS, PAKISTAN RENTAL LAWS, AND THE LINK BETWEEN THEM
It is only advisable, though, for the custodial parent to enter such an agreement rather than providing the house rent solely for the family unit’s benefit. In other words, the wife may pay the husband’s share of the apartment rent. Otherwise, the father may cease all financial responsibilities. In these instances, it would be wise for the custodial parent to negotiate with the husband so that they’re sharing the financial responsibilities of raising the family together.
This is an “insider’s” approach; and it is not to say what you should do or not, but to consider this option as a best practice that a modern day family may adopt in an increasingly uncertain economy.