Understanding Child Custody Laws in Pakistan: A Practical Guide for Parents
Child custody is one of the most emotionally charged aspects of family law. Whether during a divorce or afterward, many parents in Pakistan struggle to understand how custody decisions are made, and what rights they truly have. At McLintock Law Chamber, we help families in Islamabad and beyond resolve these sensitive issues through clear legal strategies and compassionate representation.
April 22, 2025 • by The McLintock Law Chamber Team
6/12/20251 min read
Types of Custody in Pakistan
1. Physical Custody
This refers to who the child lives with on a day-to-day basis. Courts often grant this to the mother, especially for younger children.
2. Legal Custody
Legal custody gives the parent the right to make decisions about the child’s education, healthcare, and religious upbringing.
3. Visitation Rights
The non-custodial parent typically receives structured visitation, which can include weekly meetings or holiday arrangements.
What the Courts Consider
Family courts in Pakistan prioritize the best interests of the child. Key factors include:
Age and gender of the child
Emotional and financial stability of the parent
History of abuse, neglect, or conflict
Child’s own wishes (in some cases)
The courts are not biased toward either parent, but mothers generally have an advantage in early years unless proven unfit.
How to File for Custody
The custody process typically involves:
Filing a Guardian & Wards petition in the Family Court
Court may issue temporary custody orders
Final decision after both parties are heard
Visitation schedules legally enforced
At McLintock Law Chamber, we handle each step, from documentation to final hearing, ensuring your child’s welfare is fully protected.
Frequently Asked Questions
Q: Can a father get full custody?
Yes, especially if the child is older, or if the mother is deemed unfit or remarries under certain conditions.
Q: What happens if one parent denies visitation?
You can file a contempt of court application, and the court can enforce penalties.
Q: Does remarriage affect custody?
Yes. In some cases, a mother’s remarriage may impact custody, especially if the child is female and the new husband is not a close relative.
Why Clients Trust McLintock Law Chamber
Deep experience in Islamabad family courts
Strategic, child-first legal advice
Fast-track custody filing and enforcement
Clear communication and regular case updates
We provide not just legal advocacy — we offer peace of mind for parents doing their best in a difficult time.