Child custody cases in Pakistan can be emotionally difficult and legally complex. When parents separate or divorce, one of the most pressing concerns is determining who gets custody of the children. Pakistani courts follow specific laws and principles to decide these cases, always keeping the child’s best interests as the top priority.
This guide explains everything about child custody in Pakistan—the legal process, important factors courts consider, parents’ rights, and practical steps to file a custody case. Whether you’re a mother fighting for custody or a father wanting visitation rights, understanding these laws will help you navigate the system more effectively.
Legal Framework for Child Custody in Pakistan
Pakistan’s child custody laws come from two main sources:
- The Guardians and Wards Act, 1890 – This British-era law still governs custody cases today. It gives courts the power to appoint guardians for minors based on their welfare.
- Islamic Family Laws – Since Pakistan is an Islamic country, Sharia principles also influence custody decisions, especially regarding guardianship rights.
Under these laws, custody battles are decided by family courts, which specialize in resolving such disputes.
Who Can File for Child Custody? Pakistan Custody Laws
In Pakistan, the following people can legally seek custody of a child:
- Biological parents (mother or father)
- Legal guardians (if parents are unavailable)
- Close relatives (grandparents, uncles, or aunts in special cases)
However, courts always prefer keeping children with their natural parents unless there are strong reasons not to.
Types of Custody Arrangements in Pakistan
Courts in Pakistan can order different types of custody:
1. Physical Custody (Hizanat)
This determines where the child will live. Traditionally, mothers get custody of young children, while fathers may get custody of older boys.
2. Legal Custody
This refers to who makes major decisions about the child’s education, health, and religion. Sometimes, both parents share legal custody even if the child lives with one.
3. Joint Custody
In rare cases, courts allow both parents to share custody, with the child spending time with each parent.
4. Third-Party Custody
If neither parent is fit, courts may grant custody to grandparents or other relatives.
Step-by-Step Process for Filing a Custody Case – How to get Child Custody
If you want to file for custody in Pakistan, follow these steps:
Step 1: Hire a Lawyer
Family law is complex, so hiring an experienced lawyer is crucial. They will help draft your petition and represent you in court.
Step 2: File a Petition in Family Court
Your lawyer will submit a formal application under the Guardians and Wards Act, 1890 in the nearest family court.
Step 3: Court Hearing and Evidence Submission
The judge will hear both sides and examine evidence, such as:
- Proof of income and living conditions
- School records (to check child’s stability)
- Witness statements (teachers, relatives, neighbors)
Step 4: Court’s Decision
After reviewing all evidence, the judge will decide custody based on the child’s welfare.
Step 5: Appeal (If Needed)
If you disagree with the decision, you can appeal to a higher court within 30 days.
Key Factors Courts Consider in Custody Cases
Judges look at several factors before deciding custody, including:
1. The Child’s Age and Gender
- Young children (below 7) usually stay with the mother.
- Older boys (after 7) may go to the father, but only if it benefits them.
- Girls often remain with the mother until puberty.
2. Parent’s Financial Stability
While money matters, courts care more about emotional care than wealth. A poor but loving mother can still win custody.
3. Parent-Child Relationship
Courts favor the parent who has been more involved in the child’s daily life.
4. Moral Character of Parents
If one parent is abusive, neglectful, or involved in illegal activities, they may lose custody.
5. Child’s Preference (If Old Enough)
Teenagers (usually 12+) can express their choice, which courts consider seriously.
Mother’s Rights vs. Father’s Rights in Custody Battles
Mother’s Rights (Hizanat)
- Mothers usually get custody of children under 7 (boys) and until puberty (girls).
- Even if the father is wealthier, the mother can keep custody if she provides a loving home.
- Remarriage does NOT automatically remove custody unless it harms the child.
Father’s Rights (Guardianship)
- Fathers are natural guardians under Islamic law but must prove they can care for the child.
- They can seek custody of older boys (after 7) if they show active involvement.
- Fathers must pay child support even if they don’t have custody.
Common Mistakes to Avoid in Custody Battles
- Not Appearing in Court – If you don’t attend hearings, the judge may rule against you.
- Badmouthing the Other Parent – Courts dislike parents who create conflict.
- Ignoring Child Support – Fathers who don’t pay support weaken their custody claims.
- Refusing Visitation – Mothers who block father-child meetings risk losing custody.
Can Custody Orders Be Changed Later?
Yes! If circumstances change (e.g., a parent becomes unfit or the child’s needs change), you can request a modification of custody in court.
Final Advice for Parents in Custody Disputes
- Focus on the child’s needs, not your anger toward the other parent.
- Keep records of everything—school reports, medical visits, and financial support.
- Be present in your child’s life—courts favor parents who are actively involved.
For professional assistance with family law services and related legal matters, contact Khalil & Associates, Advocates & Legal Consultant. You can reach him at:
Phone: +92-316-1829946 | +92-307-2732223
Email: contact@osamakhalillaw.com | contact@khalilassociates.org