Custody and Visitation Rights in Pakistan: What You Need to Know
Child custody and visitation rights are among the most sensitive family law issues in Pakistan. When parents separate or divorce, the question of who will care for the child and how the other parent can stay involved becomes very important. In this blog, we will explain how custody and visitation work under Pakistani law and what you should know if you are facing this situation.
written by mcl team
8/21/20253 min read
Who Gets Custody of a Child in Pakistan?
In Pakistan, the custody of children is usually decided according to the principles of welfare of the minor. The Guardian and Wards Act, 1890, governs these matters. The court always considers what is best for the child, not just the wishes of the parents.
Here are the general rules:
Mother’s Right of Hizanat: For young children, especially up to the age of seven for boys and until puberty for girls, the mother usually has the right to physical custody. This is called Hizanat in Islamic law.
Father’s Role as Guardian: The father is considered the natural guardian of the child, even if the mother has physical custody.
Best Interest of the Child: If the court feels that the mother cannot properly care for the child or it is not safe, custody may be given to the father or another suitable person.
Visitation Rights in Pakistan
Even if one parent gets custody, the other parent usually has the right to visit the child. These are called visitation rights. The court sets a schedule for meetings, which could be weekly, fortnightly, or as the court finds suitable.
Visitation rights ensure that:
The child maintains a healthy relationship with both parents.
The child feels emotionally supported during this difficult time.
Can Custody or Visitation Orders Be Changed?
Yes. If circumstances change, either parent can approach the court to modify the custody or visitation order. For example:
If the custodial parent is not taking proper care of the child.
If the non-custodial parent wants more visitation time.
If the child’s needs change as they grow older.
Important Points to Remember
Always think about what is best for the child.
Never violate a court order about custody or visitation, as it can lead to legal consequences.
Custody battles can be emotionally challenging, so professional legal help is important.
Need Legal Advice or Help?
If you need legal advice or support regarding custody and visitation rights in Pakistan, you can contact us. Our experienced lawyers at The MC Legal are here to guide you through the process and protect your rights.
Call us: +92 315 5115169
Email: Inquire@themclegal.comWho Gets Custody of a Child in Pakistan?
In Pakistan, the custody of children is usually decided according to the principles of welfare of the minor. The Guardian and Wards Act, 1890, governs these matters. The court always considers what is best for the child, not just the wishes of the parents.
Here are the general rules:
Mother’s Right of Hizanat: For young children, especially up to the age of seven for boys and until puberty for girls, the mother usually has the right to physical custody. This is called Hizanat in Islamic law.
Father’s Role as Guardian: The father is considered the natural guardian of the child, even if the mother has physical custody.
Best Interest of the Child: If the court feels that the mother cannot properly care for the child or it is not safe, custody may be given to the father or another suitable person.
Visitation Rights in Pakistan
Even if one parent gets custody, the other parent usually has the right to visit the child. These are called visitation rights. The court sets a schedule for meetings, which could be weekly, fortnightly, or as the court finds suitable.
Visitation rights ensure that:
The child maintains a healthy relationship with both parents.
The child feels emotionally supported during this difficult time.
Can Custody or Visitation Orders Be Changed?
Yes. If circumstances change, either parent can approach the court to modify the custody or visitation order. For example:
If the custodial parent is not taking proper care of the child.
If the non-custodial parent wants more visitation time.
If the child’s needs change as they grow older.
Important Points to Remember
Always think about what is best for the child.
Never violate a court order about custody or visitation, as it can lead to legal consequences.
Custody battles can be emotionally challenging, so professional legal help is important.
Need Legal Advice or Help?
If you need legal advice or support regarding custody and visitation rights in Pakistan, you can contact us. Our experienced lawyers at The MC Legal are here to guide you through the process and protect your rights.
Call us: +92 315 5115169
Email: Inquire@themclegal.com
Visit: themclegal.com