What Is the Legal Age for Child Custody After Divorce in Pakistan?

There is a common misconception that, in the case of separation or divorce, a mother can only retain custody of a minor son until he reaches seven years of age. This belief is incorrect. In this overview, we clarify the primary factors that Family Courts in Pakistan evaluate when deciding custody claims for minor children, typically brought forward by the non-custodial parent. In Islamic tradition, custody of a minor son may pass to the father when the child reaches seven, while for a daughter, the father may seek custody once she attains puberty. Although Pakistani Family Courts consider Islamic principles as expressed by recognized Muslim scholars, the courts are not required to strictly follow this custom. Instead, under current Pakistani custody laws, Family Courts are obligated to make custody decisions based solely on the child’s welfare and best interests. This means a non-custodial father must demonstrate to the court that it would be in the child’s best interest for custody to be awarded to him. The child’s age alone is not sufficient for a court to grant custody. Additionally, there is another common but mistaken belief that custody should automatically go to the financially stronger parent. However, Pakistan’s higher courts have clarified that financial capacity is not the determining factor in assessing a child’s welfare. Traditionally, mothers are seen as the primary caretakers, while fathers are financially responsible for the child’s support. Family Courts in Pakistan are empowered to set aside previously signed agreements or consents if they conflict with the welfare of the child. For example, if a mother agrees to transfer custody to the father through a written agreement, the court may declare this agreement void if it is not in the child’s best interests. Thus, in any custody dispute, the welfare of the minor takes priority over the parents’ legal rights or any earlier agreements. In summary, the age of the child is only one consideration, and the focus remains on the minor’s best interest and welfare, which varies in each case. Our experienced child custody lawyers at Burhan & Associates are well-equipped to represent and defend the welfare of minors in Family Court. For guidance on how the court might interpret your case, feel free to consult with our expert custody lawyers.