Child custody refers to the care and control of a child after the separation or divorce of parents. In Pakistan, it determines which parent will have the primary responsibility for the child’s upbringing, education, and welfare. Custody decisions are made with the child’s best interests in mind, considering factors like age, health, and emotional needs.



Child Custody After Divorce

Divorce with children involved can be challenging, as it requires consideration of the children’s future and custody arrangements. In Pakistan, child custody cases are handled by family courts, specifically under the Guardians and Wards Act. These cases typically focus on the welfare of the children, with the mother being the preferred custodian, especially for younger children. However, there are specific rules for sons and daughters.

Custody of a Minor Son:

If the custody case involves a minor son, the mother will typically be granted custody until the child reaches 7 years of age. After the child turns 7, custody may be awarded to the father, though the mother will still be responsible for raising the child until that time. The father will bear the financial responsibility for the child’s expenses.

Custody of a Minor Daughter:

For a minor daughter, the mother is granted custody until the child turns 16. The father is responsible for paying the child’s expenses during this period. After the daughter turns 16, the father can file a custody case in court if he wishes to gain custody.

Exceptional Cases for Custody:

While mothers are usually the custodians of minor children, there are exceptional circumstances where the father may be awarded custody. These include situations where the mother is unfit to care for the child due to reasons such as abandonment, inability to provide care, mental instability, or abusive behavior.

Conversely, a mother may retain custody if the father is abusive, refuses custody, or is deemed mentally unstable.

Disclaimer:

The information provided regarding family law is based on our best knowledge and understanding at the time of writing. Please note that laws and regulations may change over time. We recommend consulting our qualified legal professional for the most up-to-date advice and guidance on your specific situation.