Child custody cases in Pakistan are among the most sensitive family law matters. Whether you are a mother or a father, custody battles can be stressful, emotional, and legally complex. This guide explains custody rights under Pakistani law, the role of family courts, guardianship procedures, and how a child custody lawyer in Karachi can protect your rights and your child’s best interests.
Child custody in Pakistan is governed mainly by the Guardians and Wards Act, 1890 and interpreted by Family Courts under Islamic principles. Unlike Western countries where “custody” is a broad term, Pakistani law differentiates between legal guardianship and physical custody.
Guardianship: The legal authority to make decisions about the child’s upbringing, education, and welfare.
Custody (Hizanat): Refers to the child’s physical care and day to day supervision.
Mothers have preferential custody rights for younger children.
Boys: Mother retains custody until the age of 7.
Girls: Mother retains custody until puberty.
Courts may extend this period if it is in the child’s best interest.
If she remarries someone not acceptable to the court.
If she is proven negligent in caring for the child.
If she is unable to provide a safe, stable environment.
Fathers are considered the natural guardian of children in Pakistani law, especially in matters relating to finances, inheritance, and education.
A father may gain custody once the mother’s right of hizanat ends.
Even if the mother has custody, the father remains financially responsible.
Fathers can apply for custody earlier if they prove the mother is unfit.
If the mother remarries and her new household is unsuitable.
If the child is neglected or at risk in the mother’s custody.
If the child has reached the age where custody traditionally shifts to the father.
If you are also looking for a divorce & khula lawyer in Karachi, you can read our Complete Guide to Divorce & Khula Process
The Family Court in Karachi handles custody disputes. Judges carefully evaluate.
Child’s best interest
Financial stability of parents
Emotional and physical environment
Education and upbringing needs
The court may also allow visitation rights to the parent who does not get custody.
Hire a Child Custody Lawyer Karachi: to draft and file your petition.
File Custody Petition: under the Guardians and Wards Act in the family court.
Notice to Other Parent: court issues summons to the respondent.
Hearing & Evidence: both parents present their case.
Interim Orders: temporary custody or visitation may be granted.
Final Judgment: court decides permanent custody.
CNIC copy of petitioner
Child’s birth certificate
Nikahnama / divorce deed
Proof of income and residence
Educational and medical records of child
At MAH&CO. Expert Family Lawyers in Karachi, we understand that custody battles are not just about law they are about your child’s future. Our services include.
Expert Legal Representation: experienced custody & guardianship lawyers.
Personalized Strategy: tailored legal solutions for mothers and fathers.
Transparent Fees: no hidden costs.
Compassionate Guidance: we combine professionalism with empathy.
Experience: Over 15 years in family law cases in Karachi.
Expertise: Specialization in divorce, khula, custody, and guardianship.
Authority: Recognized in Karachi’s leading legal directories.
Trustworthiness: Hundreds of successful custody cases handled.
📍 Office Address: Office# 401 Elegant Tower Clifton Block 5, Karachi
📞 Phone: +92-345-8231881 | +92-300-3444617
📧 Email: a.karim@mahlegal.org | info@mahlegal.org
Yes, a father can get custody of a minor in Pakistan, but the court usually considers the best interests of the child. Generally, the mother has the right to custody (known as Hizanat) of young children—sons until the age of 7 and daughters until puberty. However, if the court believes the father can provide better education, care, or stability, custody may be granted to him. The father, as the legal guardian, retains responsibility for maintenance regardless of custody.
To file a child custody case in Karachi, you need to:
Hire a child custody lawyer in Karachi.
Prepare required documents (child’s birth certificate, CNIC copies, proof of financial stability).
File a petition in the Guardian Court under the Guardians and Wards Act 1890.
Attend court hearings and present evidence proving why custody should be granted to you.
Your lawyer will guide you through the process, ensuring that the case is legally strong and in your favor.
A mother has the right of Hizanat for minor children. She typically has custody of sons until age 7 and daughters until puberty, provided she is of good character, financially stable, and can ensure the child’s upbringing. However, the court can withdraw this right if it deems the mother unfit (for example, neglect, misconduct, or inability to care for the child). Importantly, the father must continue to provide child maintenance and financial support even if the mother has custody.
The documents required to file a child custody case in Karachi usually include:
CNIC of the parent filing the case.
Child’s birth certificate.
Nikahnama or divorce certificate (if applicable).
Proof of income and financial stability (salary slips, business details).
School records or medical records of the child.
Any evidence supporting your ability to provide a better environment.
Your guardianship lawyer in Karachi will help prepare these documents for submission in court.
The duration of a child custody case in Karachi depends on the complexity of the case and the court’s schedule. On average, it can take 6 months to 1 year to reach a decision. If the case is contested or involves appeals, it may take longer. Urgent matters such as visitation rights may be decided earlier through interim orders.
Yes, under Pakistani law, a mother may lose custody of her children if she remarries, especially if the new marriage is deemed against the welfare of the child (for example, if she marries someone the court considers unsuitable for the child’s upbringing). However, custody is not automatically transferred—it depends on the child’s best interests and the judge’s discretion.
Generally, in Pakistan:
Sons remain with the mother until age 7.
Daughters remain with the mother until puberty.
After these ages, custody may transfer to the father, but the court still prioritizes the welfare and preference of the child. The judge can also consider the child’s choice if they are old enough to express it.
The cost of hiring a child custody lawyer in Karachi varies depending on the lawyer’s experience, case complexity, and court fees. On average, legal fees can range from PKR 80,000 to PKR 200,000 or more. It is always best to consult with a lawyer directly for a clear fee structure. Some law firms may also offer flexible payment plans.
Yes, grandparents can claim custody of a child in Pakistan if both parents are unavailable, unfit, or if the court believes living with grandparents is in the child’s best interest. For example, if the mother is unable to care for the child and the father is absent or incapable, grandparents can petition for custody under the Guardians and Wards Act 1890.
Visitation rights allow the non-custodial parent (usually the father if the mother has custody) to meet the child regularly. The court sets a schedule, which may include weekend visits, school holidays, or supervised meetings depending on the circumstances. If either parent violates visitation rights, the court can enforce penalties or adjust custody arrangements.