Child Custody/Adoption After Divorce

The Court Placed Children’s Welfare Above Parents’ Rights

Children are considered to be a legal term relating to guardianship and are described as a relationship between parent and child under their custody. Child custody is legal custody with the ability to decide the matter for children and physical custody that provides the right and duty in providing shelter and care for children. Having parental custody is responsible for the health and education of the child. The court placed children’s welfare above parents’ rights.

Pakistan: How to Apply for Full Custody of Your Child?

The courts of the district are able to hear a petition under the Act making the person the guardian of the person or whose judicial appointment or declaration is made.

Child Visitation Schedules for Child Custody

The decision of the Court of Justice gave fathers half the days of school holidays, the alternate weekends, and the public holidays, along with birthday  celebrations. If a simple visitor calendar was given to children they could challenge their scheduled visits. The case will be heard in the Family Court. You may also go on to the additional court, if necessary. You can also contact the Supreme Court for an appeal. The Supreme Court is likely to decide the case if you do not comply with the above recommendations. Let us take care of everything for you.

The Welfare of Minors is a Key Factor in Child Custody

Child welfare is an important factor in determining child care rights for parents through the judicial process. Therefore, the financial stability of parents reporting abuse, character, or parental capacity is considered important. The courts give parents physical protections, meanwhile, an increasing number of cases result from the shared responsibility of the parents of their children or their parents. So the custodial laws in Pakistan may be categorized as physical and lawful. Generally, the legal rights of minors are determined by the Pakistani judiciary.

Definition of Child Custody

Childcare cases determine how children are held in case of separated or deceased parents or a family that cannot have children. Courts must always consider the children’s safety as the primary concern. Child custody issues are very complex and usually arise through divorce proceedings but that does not always happen. Child custody usually reflects that the child was given physical custody while he/she was young. In most cases, parental power has a parent’s discretion to decide on the child’s decisions based upon his or her own decisions.

Concept of Guardian in Child Custody Law:

According to GWA 1890:

 The term ‘guardian’ refers to a person who cares for a minor’s person or property. 

Whereas a minor is a person with age below 18 years. Keeping in view the welfare of a minor, the court may appoint a Guardian. 

Procedure of Guardianship in Child Custody Law:

Willingness of the person to be a Guardian is necessary. It is done by signing the application by the said person in presence of two witnesses.

Eligibility Criteria to be a Guardian in Child Custody Law:

 (A) the person seeking to be the guardian of the minor; (B) any relative or friend of the minor; or (C) the Collector of the District or other local area in which the minor resides. Whereas a Collector is a District  Incharge of Revenue.

Right of Mother on Child Custody

As per Muslim Laws, a mother is not a child’s natural guardian. She can only have the right of custody of a child till the age of Hizanat. However, the right of custody of a mother is subject to her conduct; if it is in question, the mother is not given custody of a child. The minor child’s mother is also not qualified to be a legal guardian of the minor child’s property. She is only a de facto guardian and cannot transact a minor’s property.

Right of Father on Child Custody


After the age of Hizanat, a father has the right of custody of a child. However, the child’s custody does not transfer automatically. After the child’s age of Hizanat ends, the father has to file a petition in the Guardian Court to claim the child’s custody.

Court Proceedings on Child Custody

Any person wishing to become a guardian must apply to the courts for a guardian under GWA. The person must not wait until his legal title or capacity as a guardian has been obtained. The application procedures are listed in Section 10 of the GWA. A decision will not be issued without notice to persons with an interest in the child. The courts are responsible for ensuring that the parents are properly protected by the child. It has the capacity to grant supervised temporary custody or to protect a convicted minor during his lifetime.

Child Custody Laws in Pakistan

In Pakistan, guardian/child custody laws have been established under the Guardians Act 1890 and the legislation is still adopted and is occasionally amended by the Government. The Act established an agency of Guardians and Wards that dealt with minors and guardians in a province. Child custody in Pakistan is the parent’s right to be raised and to care about their child. Parents are responsible for making the decisions that are necessary. It also includes basic medical education, religious education, and welfare for children.

Child Custody and Visitation Rights After Divorce

The dispute over child custody in Pakistan starts with a non-legal divorce. But after marriages and khula, everything is practical. Child custody is an extremely serious question. For this reason, child custody law in Pakistan and guardians’ courts are consulted. Neither parent wanted his son to leave because of love. In Pakistan, there is a dispute over visitation rights. Marriage is usually the most vicious enemy after a divorce or khula. Both the husbands and wives have no rights or access to both.

Duration of Child Custody Lawsuit in Pakistan

Although courts are setting minimum dates for cases of child custody hearings, the law does not require them. Because child development and psychology are complex and affect children, court proceedings could take months. Especially when you consider appeals when you consider all sorts of other forms. Family courts function similarly to civil courts and civil cases. It should be noted that not all civil proceedings can be enforced by the Family Court until justice is served along that route.

Legal Age for Child Custody after Divorce

The parental responsibility is given to a girl by Pakistan law called the “hizan”. But after 7 years the child’s rights end, but it’s not the only right. Girls have their fathers until puberty. Several aspects have arisen of this law including the importance of motherly conduct and a court decision stating that the objectionability of the conduct is void. The father may have custody after his sentence is over. If there are no parents, both grandparents will receive the baby.

Best Lawyer for Child Custody and Guardianship in Pakistan

Child custody is a burning issue after all divorces in Pakistan. Despite being an independent parents it has become very difficult for the parents to get spousal custody of children. Child protection was the main factor considered when giving custody to a parent. In addition, parents should consider factors that affect their financial stability, reported misconduct, character, and abilities. In most cases – although not all cases in this area – children have a legal right.

Factors that can Disqualify a Mother from her Hizanat Status

In general, the characteristics of the mother are under constant scrutiny when she is the custody parent. Having the child in their care is something non-parents can always check for safety in the home to make them comfortable. If a woman (or the child’s father) has a conviction as a felon, drug use, and doesn’t have an affiliation to religion, it may be considered a violation. Custodial mothers have bad social reputations i.e. promiscuity and hang out with the wrong people.

Role of Guardian Courts

The department is charged with handling matters affecting children throughout the country and coordinating hearings. If you are considering divorce and are planning to split from someone else, you must submit a divorce petition in the county court. Generally, a child involved in a marriage may need a child custody hearing at the early stages of your divorce proceeding. What is the best way to pay for support for children based on their financial needs?

Disqualification of Child Custody due to Second Marriage

Islamic and Pakistani Laws clearly state that re-marriage has a limited effect on the mother in general. The daughter can’t go into mahrams like their stepfathers. Depending on the situation in which children are abused, it may cause a traumatic stress response in the family. And it applies a bit specifically to moms too. Because the nature of such cases is a rigorous and fought matter, our family lawyers are available for your assistance and advice.

Guardianship and Visitation Cases in Pakistan

Both parents can get guardianship and the judge’s approval depends upon the specifics. Visit schedules vary in each case. When children begin growing old, the court will need to determine if the current visitation schedule should be adjusted or not. Obviously, a minor may also change his or her custody if the circumstances permit it to do so.

The Effect of Divorce on Child Custody Matters

In cases following divorce, or part of the divorce process, such as the Khula case, it can be very complicated. Nevertheless, these may be partly decided at mutually divorcing parties. In some cases and situations, child custody could be an entirely separate matter. The ideal family will consist of two parents: the custody parent (who holds the physical custody) and the non-guardians’ parent. These are possible changes as litigation takes place.

Child Custody Lawyer in Pakistan

A child custody lawyer will be happy to help you in your case. Who cares about our young children? In fact, it can be very difficult if your child is of  a divorced couple. Each of the two has its own parenting strategy. This outlines custody and visit frequency. Finally, if the two parties are incapable of reaching a consensus. Upon request, the child custody attorneys may appeal to the court.

Effects of being appointed a Guardian

A guardian will ensure the minor is able to receive a good quality of support from a parent and the parents. It is able to pay a child’s guardian as a matter of law to do the work he has to perform while under his supervision. The payment of the allowance is borne by the property of the family. The guarding ward is not allowed to be removed without court approval by the court.

Court Jurisdiction about Child Custody

A petition for guardianship is submitted under section 8(a), of the General Advisory Council (GA) 1890, to judicial authorities at their place of domicile. Generally, the application is for guardianship of the possession and property of minors. The application can be made in the state where the minor lives or in an institution in which he/she has residence.

Factors Affecting a Father from his Child Custody Rights

Similar laws would disqualify mothers from their custody rights and apply equally to fathers. Probably the main difference between the two would arise from the maintenance payments by the father. A parent is responsible for the child’s care and support. He can request parental protection for the children once the child is old enough.

Right of Hizanat in Pakistan Child Age

Under Pakistanis, law children are assigned to mothers. Those rights are termed hizanat rights. At seven, the mother’s right to their children ends. But this is not a right, this is made with respect to boys’ interests. Child custody is discussed here. Importantly, in Pakistan, it is legal for hizanat to be carried out by Islamist Muslims.

How do Child Custody Cases Work in Pakistan?

Child custody matters can be very tricky, because the judge must take into account many factors. It is hardly surprising to know that it changes frequently relying very much on case law and requiring experienced lawyers and attorneys. Whenever there is a goal of protecting children and adolescents, it is a major obstacle.

Guardians & Wards Act, 1890

Sections 16 and 25. Interpretation of sections 17 / 25 Guardians & Ward Act 1891 terms “Hizanats” and “Willayats’ Scope” The words “Hizanat” or “Hidanat” (sylvatic Arabic and Asian) are used as parental rights to children. The words “Hizanzat” literally mean “upbringing”. Consequently, this also relates to Wilayat.

Child Custody vs Guardianship

Generally both are necessary but are determined by courts. Guardianship is the authority given to a person (who becomes a guardian by obtaining a Guardianship certificate) to make decisions for the minor. Since children can be located in both places simultaneously, custody is assigned to one parent (the guardian).

Who Can Apply for Guardianship for a Minor?

The parental rights of a young boy or girl are available to any person in their relationship. Adoptions are cases where adopters have the right to request this. Guardianship of children is by default a natural responsibility. Since a father has the expenses of the child, they are automatically granted to him.

Who is Usually Awarded Child Custody?

I have gotten this question all the time! The question always goes: It’ll depend. Almost all cases are individually decided on their merits. Physical Custody that a child is typically awarded primarily based upon “Hizanat” however she is sometimes not entitled to it based upon certain factors.

Child Custody Age Thresholds for Sunni Muslims

A Sunni woman’s hizanat (provided she does not voluntarily give up that right or not be disqualified) can be given up to a child from birth until the age of seven. She can also have the baby until she gets into puberty. 

Child Custody Age Thresholds for Shia Muslims

According to Shia law the rights of a mother hizanat are reserved to a boy until the age of two years and to the daughter until the age she attains puberty.

Who Can Be a Guardian?

Parents may be named guardians. The GWA requires that the father be the sole parent or guardian of children under the age of 18. Those who have not taken care of themselves in any way are entitled to have responsibilities. She may be appointed guardian under certain circumstances.

What Affects the Change of Custody from One Parent to Another

The rights of the custody parents of minor children (of any age) and their access are crucial factors when it comes to this case. They also have to account for child education and their conduct at school. The parent must comply with court orders requesting a change of custody.

Grandparents’ Right to Child Custody

Often the parents who have no child custody can also have the child granted to the parents of their relatives. Typically, the family history of a parent or a child is screened to find out where the child’s greatest interests are.

Divorce Lawyers Can Assist You with Child Custody Matters:

Our firm provides legal services related to child custody and guardianship. Child custody and guardianship legal services are provided online by our firm. 

The firm specializes in child custody and guardianships. We have been providing legal services to our clients for over three decades with experienced legal professionals and top-notch customer service. Thousands of people have come to us for help with divorce, child custody, adoption, child maintenance, and guardianship issues.

We handle a wide range of cases, including:

The law regarding family, divorce, child custody, guardianship, the return of dowry articles, the recovery of dower money, succession certificates and the division of family property, disputed property, evictions, illegal dispossessions, etc.

The Divorce Lawyers (Pvt) Ltd has been providing legal services in Pakistan since 1985, including Child Custody and Child Adoption. All family law matters are handled by the firm, including divorce/khula, financial law, criminal proceedings, and civil litigation. 

If you have any legal questions, please feel free to leave a comment or email 

We can be reached at 0333-1127835.