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

Courts in Pakistan prioritize the child’s welfare and well-being over all else. Grounds for full custody may include proof of the other parent’s unfitness, such as inability to care for the child, abuse, neglect, or substance misuse. The court evaluates each case individually, considering the best environment for the child’s growth.

Yes, mothers often get custody of young children, especially under 7 years for sons and until puberty for daughters. However, to secure full custody beyond these ages, the mother must prove that this arrangement serves the child’s best interests, and she should be prepared to demonstrate her ability to support and care for them.

A father can apply for full custody by submitting a petition to the family court, stating reasons why full custody would be in the child's best interest. Common grounds include concerns about the mother’s ability to care for the child, the father’s stable environment, or situations where the child’s well-being may be at risk.

Yes, if the child is mature enough—typically around 12-14 years—courts may consider their preferences, though this does not solely determine the outcome. The child's opinion is weighed along with other factors, like the parent’s stability and capacity to care for the child.

Yes, full or sole custody can be awarded while granting the other parent visitation rights. Courts recognize the importance of the child’s relationship with both parents, so even if full custody is granted, visitation may still be arranged unless it is shown to be harmful to the child.

Evidence that supports a full custody claim includes financial stability, a supportive environment, the parent’s moral character, and proof of the child’s welfare under the applicant’s care. If the other parent has issues like addiction or past neglect, presenting evidence such as witness statements, financial records, or medical reports can strengthen the case.

Yes, a parent residing abroad can petition for full custody, but they must demonstrate that living with them abroad serves the child’s best interest. Courts may require additional guarantees regarding the child’s access to both parents and the impact of relocation on the child's life.

Yes, custody arrangements can be revisited if circumstances change. Either parent can file a request to modify custody, and the court will assess whether the change serves the child’s best interests. Common reasons include relocation, changes in financial stability, or concerns about the current environment.

Typically, documents needed include the child’s birth certificate, marriage and divorce certificates (if applicable), proof of residence, financial records, and any relevant evidence supporting the applicant's suitability as a full custodian. Legal advice is recommended to ensure all necessary documents are submitted.

While income alone does not determine custody, financial stability is a factor. A parent with the means to provide for the child’s education, healthcare, and general welfare may be seen favorably. However, emotional support and care are equally significant in the court’s assessment.

Yes, if the court deems both parents unfit, custody may be awarded to close family members like grandparents or a guardian. The court considers who can best provide for the child's well-being, stability, and care in such cases.

The family court oversees all custody matters, evaluating each case to determine the arrangement that serves the child’s best interests. This includes reviewing evidence, hearing witness testimony, and considering both parents’ circumstances before issuing a final custody order.

The time frame varies depending on case complexity and court availability. Custody cases can take several months to over a year, especially if contested. Having strong documentation and clear evidence can help expedite the process.

Yes, there are legal fees involved in filing for custody, which include court filing fees, attorney fees, and any additional costs for documentation or expert witnesses. It is advisable to consult with a family lawyer to understand the potential expenses.