When parents separate or divorce, the most difficult question is who will get custody of the children. In Pakistan, child custody matters are decided by the Guardian Court under the Guardians and Wards Act 1890. The main principle is always the welfare of the minor, not just the right of the parents.
Generally, for young children, especially under the age of 7, the mother is given preference for custody because the court believes a mother can take better care of a small child. For older children, the father may get custody, but the court will always listen to the child’s preference if the child is old enough to understand.
To get custody, a parent must file a custody petition in the family or guardian court of the district where the child lives. You will need the child’s birth certificate (B-Form), your CNIC copy, Nikah Nama or divorce certificate, and proof of your income and residence to show you can take care of the child.
The court will issue notices to the other parent and hear both sides. The judge will meet the child in private to understand his or her wish. If the court is satisfied, it will grant custody to one parent and give visitation rights to the other parent.
It is important to remember that custody can be changed later if circumstances change. If one parent is not taking proper care of the child, the other parent can apply to the court again.
In conclusion, Pakistani courts always protect the best interest of the child and ensure both parents get a fair chance to be part of the child’s life.
