In Pakistan, child custody is decided under the Guardians and Wards Act 1890, and the single overriding rule is the welfare of the child — not the automatic “right” of either parent. Mothers usually receive custody (hizanat) of young children, while fathers hold guardianship (wilayat) and remain financially responsible for the child. Importantly, a mother does not lose custody simply because she took khula.
Custody vs guardianship
- Hizanat (custody): day-to-day physical care — often the mother’s, especially for young children.
- Wilayat (guardianship): legal decision-making and financial responsibility — usually the father’s.
The general age guidelines
- Sons: mother typically retains custody until about age 7.
- Daughters: mother typically retains custody until puberty.
These are guidelines, not automatic switches — after these ages the court still decides on the child’s best interest, considering stability, education, character and the child’s own wishes.
What courts actually weigh (the welfare test)
Section 17 of the Guardians and Wards Act makes the welfare of the minor paramount. Courts examine the child’s health, education, emotional stability, moral and religious upbringing, attachment to a parent, and whether siblings can stay together. Custody is a trust for the child’s benefit, not the parents’ property.
Step-by-step: filing for custody
- File a petition under the Guardians and Wards Act in the Guardian/Family Court where the child resides.
- Notice to the other parent to appear.
- Interim custody / visitation may be granted early under Section 12 while the case runs.
- Evidence & hearings — both parents present their case.
- Final order based on the child’s welfare (Section 25).
- Appeal to the High Court if needed.
Does khula or talaq decide custody?
No. Custody is legally independent of marital status. A mother who takes khula keeps her custody rights, and a father who pronounces talaq does not automatically get custody.
Frequently Asked Questions
Who gets custody of a child in Pakistan?
Usually the mother for young children (hizanat), but the court decides on the child’s welfare under the Guardians and Wards Act 1890.
Does a mother lose custody after khula?
No. Taking khula does not remove a mother’s custody rights.
Until what age does the mother keep custody?
Broadly, a son until around 7 and a daughter until puberty — after which the court still applies the welfare test.
Can a father get custody in Pakistan?
Yes, if it serves the child’s welfare — for example if the mother is found unfit or the father can provide a materially better, stable environment.
Do non-custodial parents get visitation?
Yes, courts routinely grant visitation and can enforce it if one parent blocks access.
Custody or visitation dispute? Saleem & Saleem’s family lawyers protect parents’ and children’s rights in Guardian Court.
