Who gets custody of children after divorce in Pakistan?

1. Introduction

 Divorce Procedures in Pakistan  is one of the most sensitive and emotionally charged issues following a divorce. In Pakistan, custody decisions are guided by both Islamic principles and statutory laws, with the best interests of the child being the primary consideration. While divorce ends the marital relationship between spouses, it does not end their responsibilities toward their children. Determining who will have custody involves examining the child’s age, gender, welfare, and the parents’ ability to provide care, rather than simply awarding custody to one parent by default.

2. Legal Framework Governing Child Custody
In Pakistan, child custody matters are governed mainly by the Guardians and Wards Act, 1890, supplemented by Islamic jurisprudence and relevant provisions in the Family Courts Act, 1964. The Act empowers the court to appoint a guardian or grant custody based on the welfare of the minor, which is the paramount consideration.

Islamic law also plays an important role. Custody (known as Hizanat) and guardianship (known as Wilayat) are treated as separate concepts:

  • Custody (Hizanat): Refers to the physical care and upbringing of the child.

  • Guardianship (Wilayat): Refers to the legal authority over the child’s affairs, including education, marriage, and property matters.

3. Custody Based on Age and Gender of the Child
Islamic principles, followed by Pakistani courts, generally lay down the following age guidelines:

  • Mother’s right:

    • Sons: Usually until the age of 7 years.

    • Daughters: Until she reaches puberty.

  • Father’s right:

    • After the mother’s right expires, custody usually shifts to the father if he is deemed fit.



However, these rules are not absolute—the court can deviate from them if the welfare of the child requires it. For example, if a child is above the customary age but still needs the mother’s emotional or medical care, the court may extend the mother’s custody.

4. Welfare of the Child – The Primary Consideration
The welfare principle overrides traditional rules. Under the Guardians and Wards Act, the court evaluates factors such as:

  • The child’s physical, emotional, and educational needs.

  • The character, financial stability, and moral conduct of each parent.

  • The child’s own wishes, particularly if they are mature enough to express a preference.

  • The ability of each parent to provide a stable home environment.

For example, even if the father has a legal claim, custody may be denied to him if he has a history of abuse, neglect, or criminal activity.

5. The Mother’s Custody Rights
In most cases involving young children, Pakistani courts prefer to award initial custody to the mother, especially if the child is of tender age. This is based on the belief that a mother is better suited to provide emotional nurturing and early childhood care. However, the mother’s right can be lost if she:

  • Marries someone not related to the child within prohibited degrees under Islamic law.

  • Neglects the child’s upbringing or welfare.

  • Is proven morally unfit in the court’s assessment.

Divorce Procedures in Lahore Even then, the court will not automatically transfer custody to the father without examining the child’s best interests.

6. The Father’s Custody Rights
Fathers are considered the natural guardians of their children under Islamic law, particularly for legal and financial matters. When a child crosses the age limit for the mother’s custody, the father is usually given custody, provided he is financially stable and morally fit. He is responsible for providing maintenance, education, and other needs regardless of who has physical custody.

However, fathers can also lose custody if they fail to provide a suitable environment, if their lifestyle is harmful to the child’s moral upbringing, or if they are abusive.

7. Role of Guardianship Certificate
In cases where custody is disputed, the parent seeking custody may apply for a Guardianship Certificate under the Guardians and Wards Act. This legal document confirms that the parent is the child’s lawful guardian for purposes such as school admissions, passport applications, and property management. Even if a parent has physical custody, certain official matters may still require this certificate.

8. Visitation Rights
If custody is granted to one parent, the other is usually awarded visitation rights. The court determines the frequency and location of visits to ensure the child maintains a healthy relationship with both parents. Visitation may be supervised or unsupervised depending on the circumstances.

9. Modifying Custody Orders
Custody arrangements are not permanent. Either parent can apply for a modification if there is a change in circumstances affecting the child’s welfare. For instance, if the custodial parent moves abroad without proper arrangements, or if their living conditions deteriorate, the court can review and change custody.

10. Conclusion
In Pakistan, there is no one-size-fits-all answer to who gets custody of children after divorce. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes.While Islamic guidelines provide a general framework based on the child’s age and gender, the overriding principle in law is the welfare of the child. Mothers often receive custody of younger children, while fathers may gain custody as the child grows older—provided they meet the standards of moral and financial fitness. Ultimately, Pakistani courts carefully assess the unique circumstances of each case, prioritizing the child’s emotional, physical, and moral well-being above all else.


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