Child Custody Law and Lawyers

When parents get divorced, one of the most concerning issues for children is who will have custody of them. This can be a source of great stress for young children, and it’s important to have an understanding of the legal options available to you in order to make the best decision for your child. Here, we will discuss Child Custody law in Pakistan and offer a few pointers on how to find a lawyer if you are considering splitting up with your partner. We hope that this information will help you make the best possible decision for your family.

Child custody

What is Child Custody?

Child Custody in Pakistan can be a complex and contentious issue. The law governing Child Custody in Pakistan is based on Islamic principles, and Sharia law often plays a significant role in determining who has custody of a child.

The legal process involved in obtaining or defending against Child Custody in Pakistan can be very time-consuming and expensive. If you are facing potential Child Custody proceedings in Pakistan, it is important to consult with an experienced legal counsel. Our Law Firm can provide you with advice on how best to pursue your rights and protect your interests during this difficult process.

Our experienced Child Custody Lawyers in Islamabad, Rawalpindi, Karachi, and Lahore

If you are in a situation where you or your child are being forced to live with a person you do not want to live with, then you may need the assistance of an experienced lawyer. Our law firm has years of experience representing parents who have been forced to give up their children to another family or individual. We will work diligently to get the best possible outcome for you and your child.


Some of the things we can help you with include:

-Obtaining custody of your child from a stranger or government agency

-Avoiding early separation from your children

-Fighting for visitation rights and access to your child

– Getting financial compensation if custody is awarded to someone other than you or your child

Who is a Guardian in Child Custody?

 Any person who has been granted custody of a minor by an authorized court is considered to be a guardian. A guardian can be either a parent, grandparent, or another adult relative. In most cases, the guardian will be chosen by the court based on the best interests of the child.

Duties of a Guardian After Child Custody

The duties of a guardian in Child Custody vary depending on the jurisdiction. Usually, the guardian will have authority over all aspects of the child’s life, including their health, education, and finances. The guardian may also have specific responsibilities regarding visitation and contact with the parents.

It is important to choose a qualified guardian for your children. If you are unable to choose a guardian yourself, you should contact a lawyer who can help you find an appropriate person to serve as your child’s guardian. Our law firm can provide you with information about guardianship laws in Pakistan and help you select an appropriate person to represent your interests.

How do Child Custody and Child Guardianship Differ?

Despite sounding similar, Child Custody and Child Guardianship are very different legal terms. It is usually used to describe a legal relationship between a child and an adult. The Family and Guardianship courts determine who is the child’s custodian and who is a Guardian. A child’s custody can only be granted to the biological parent, while Guardianship can be granted to any non-biological parent.

Child custody

Child Custody Lawyers

Child Custody lawyers in Pakistan can provide legal assistance to parents who are seeking to resolve a dispute about their children’s custody. Lawyers can help parents to understand their rights and how the law applies to their specific situation. In addition, lawyers can provide advice about negotiating a resolution of the dispute.

Our team of experienced lawyers in Islamabad, Rawalpindi, Karachi, and Lahore will work diligently on your behalf to ensure that you receive the care and custody of your children that you deserve. We understand that each situation is unique, so we will work closely with you to create a plan that best suits your needs and objectives.


How to Choose a Child Custody Lawyer

If you are going through a tough custody battle with your child, you will need the help of a good lawyer. Child Custody law in Pakistan can be complex, and it is important to have an attorney who understands the laws and procedures involved. There are several things to keep in mind when choosing a lawyer: 


  1. The lawyer you choose should have experience in Child Custody cases.
  2. The lawyer should be licensed and certified by the Bar Association of Pakistan.
  3. The lawyer should have knowledge of Pakistani law and customs related to Child Custody.
  4. The lawyer should be able to communicate effectively with both parents involved in the case.
  5. The costs associated with hiring a lawyer to vary depending on the size of the case and location. However, generally speaking, hiring an experienced attorney will cost more than using a lawyer who is not experienced in family law issues.

Our team of  Child Custody Lawyers is well-qualified and experienced in this area, and will be able to help you get the best possible outcome for your situation.

Child Custody Law in Pakistan

In Pakistan, Child Custody law is based on Islamic Sharia law. Pursuant to this law, a judge will decide who should have custody of a child based on a number of factors including the best interests of the child. If one parent objects to the decision, he or she can take legal action.


If you are a parent in Pakistan and are considering filing for custody of your children, it is important to contact a lawyer. A lawyer can help you understand the various aspects of Pakistani Child Custody law and provide advice on how to proceed.

Child Custody laws in Pakistan are based on principles of justice and fairness. In order to ensure that both parents have an equal opportunity to provide a nurturing environment for their children, courts will give preference to awarding custody based on the best interests of the child. Courts will also consider factors such as each parent’s relationship with the child, whether either parent has been convicted of a criminal offense involving violence or drugs, and whether either parent has demonstrated an inability or unwillingness to take care of the child.

Child custody

Custody of Children Act 1959 in Pakistan

Child Custody and Guardianship in Pakistan are governed by the Custody of Children Act, 1959.

The Custody of Children Act, 1959 is a Pakistani statute that regulates the custody of children. The Act sets out the legal framework for determining who may have custody of a child and establishes standards for granting custody to different parties.

The Custody of Children Act applies to both Pakistani and foreigners living in Pakistan


The Custody of Children Act applies to both Pakistani citizens and foreigners living in Pakistan. Foreigners are generally treated as subject to the jurisdiction of the Pakistani courts, although special provisions exist to protect the rights of foreign mothers with children born in Pakistan.


Under the Act, a child may only be placed in the care of someone who is considered by the court to be the fit and proper person to care for the child. This includes parents, judges, lawyers, social workers, or any other person appointed by the court. The court must also consider whether placing the child with any particular person would be in the best interests of the child.

Factors specified by the Custody of Children Act, 1959


The Act specifies a number of factors that courts must take into account when making decisions about custody, including:


The Act also establishes procedures for contesting custody decisions. Parties who believe that their rights have been violated can file an appeal with a court. If no agreement can be reached between parties about custody, either party can petition for a judicial review of the decision.

The Different Types of Child Custody in Pakistan Family Law

There are three types of custody in Pakistan family law: primary, joint, and sole. The main factors that determine the type of custody awarded are the best interests of the child and the care and support that each parent can provide.

Primary Custody: 

This is typically awarded to the parent who has had a closer relationship with the child in the past. This person will generally have more time with the child than in any other type of custody arrangement.

Joint Custody

 Joint custody is typically the most common arrangement for children in Pakistan. This means that both parents have legal responsibility for the child’s care and upbringing. Joint custody can be beneficial for both parents because it allows them to share in the child’s life equally. It can also promote cooperation and communication between the two households.

Sole Custody

Sole custody grants one parent full legal responsibility for the child(ren). This arrangement can be beneficial if both parents are able to provide a safe and nurturing environment for the child(ren). However, sole custody may not be feasible if one of the parents works outside of Pakistan or if there is significant conflict between the two households. Guardianship may be an option in these cases.


Child custody

Process of Obtaining Child Custody in Pakistan

In Pakistan, the process of obtaining Child Custody can be long and complicated. There are a number of laws that may affect Child Custody in Pakistan, and each case is different. If you are planning to seek custody of your child in Pakistan, it is important to contact a local lawyer.


  • The first step in seeking custody of a child in Pakistan is to file a petition with the court. The Petition for Custody should list all of the relevant information about the child, including their name, age, and location. The petitioner must also provide evidence that they are the legal parent of the child.
  • Once the Petition for Custody has been filed, the court will review it. The court may decide to appoint an attorney for the parents who have filed the petition or may order them to continue proceedings without an attorney. If both parents agree to an attorney being appointed, then one will be appointed by the court and paid by either party. If only one parent requests an attorney be appointed, then that party will generally have to pay for that lawyer themselves. 
  • After the petition has been reviewed by the court, it may determine that no action needs to be taken at this time and no further action is required. In some cases, however, additional hearings may be scheduled or action may be taken based on testimony presented during earlier hearings. Ultimately, if there is a dispute over custody or visitation with a child who is living in Pakistan, then litigation may become necessary.

Factors which Court Consider while Giving Child Custody

In Pakistan, Child Custody law is governed by the Islamic Shari’ah. Under Pakistani law, a judge has the authority to award primary custody to one parent or to joint custody, depending on the wishes of the children and their best interests. The court also has the authority to appoint a guardian for a child if both parents are unfit or unable to care for him or her.

 Factors which Court Consider while Giving Child Custody:

 -The child’s age and development;

-The child’s relationship with each parent;

-The parents’ abilities and willingness to provide a proper home for the child;

-The parents’ past attitudes and behavior towards each other;

-Any extenuating circumstances surrounding the case.

Child custody

Contact Us For Our Child Custody services

If you are in Pakistan and you need help with your Child Custody situation, don’t hesitate to speak with our lawyers at our law firm. We can provide you with legal advice and guidance throughout this difficult process.

Contact us by calling (+92) 316 66 44 789