Comprehensive Guide to Hizanat and Legal Rights in Pakistan 2026

When a marriage breaks down in Pakistan, one of the most heart-wrenching and complex issues facing parents is child custody (Hizanat). For parents in Lahore navigating this difficult terrain, understanding Pakistan’s Islamic and legal framework is crucial. This comprehensive guide explains child custody laws, procedures, and how to find the right legal representation in Lahore to protect your parental rights and your child’s best interests.

Understanding Child Custody (Hizanat) Under Pakistani Law

Pakistan’s child custody laws are primarily derived from Islamic jurisprudence (Hanafi school) and codified through various court judgments. The core principle isn’t “parental rights” but the welfare and best interests of the child (Maslahat-e-Tifl)—a factor that has gained supreme importance in modern family courts.

Types of Custody in Pakistan:

1. Physical Custody (Hizanat): Day-to-day care, residence, and upbringing of the child.

2. Legal Guardianship (Wilayat): Authority over major life decisions—education, religion, marriage, and property. This typically remains with the father/grandfather.

3. Visitation Rights (Mulaqat): The non-custodial parent’s right to maintain contact with the child.

Who Gets Custody? The Age-Based Framework

The traditional “right of custody” follows an age-dependent framework, though courts now prioritize the child’s welfare above all.

• For Minor Children:

  • Mother’s Priority: The mother has the first right to custody of:

    • Sons: Until the age of 7 years.

    • Daughters: Until the age of puberty (legally interpreted as around 12-14 years).

• After the Mother/Custodial Age:

  • Custody reverts to the father.

  • If the father is unfit, it moves to paternal grandparents, then maternal grandparents.

• The Paramount Principle: Child’s Welfare. Even within these guidelines, courts can deny custody to a “preferential” parent if proven they are unfit due to:

  • Immoral character

  • Abuse or neglect

  • Incapacity to provide proper care, education, or health

  • Remarriage (a traditional but increasingly contested ground against mothers)

  • Any environment harmful to the child’s physical, emotional, or religious upbringing

When Do You Need a Child Custody Lawyer in Lahore?

You should immediately consult a specialist lawyer if you are:

1. Going through divorce or Khula and need to formalize custody arrangements.

2. Denied access to your child by the other parent.

3. Seeking to modify an existing custody order due to changed circumstances.

4. A mother remarrying and facing custody threats.

5. A father seeking custody before the prescribed age due to the mother’s unfitness.

6. Dealing with international child abduction or cross-province custody disputes.

The Legal Procedure for Custody in Lahore

Step 1: Filing a Custody Petition

• Court: Family Court under the West Pakistan Family Courts Act 1964.

• Jurisdiction: File where the child ordinarily resides.

• Petition Content: Must detail the grounds for seeking custody, evidence of the other parent’s unfitness (if applicable), and a proposed plan for the child’s welfare.

Step 2: Court Proceedings

• Trial: Both parties present evidence (documents, witnesses).

• Court-Appointed Experts: The judge may appoint a Child Court Officer (CCO) or call for a social investigation report to assess the child’s living conditions and preferences (if the child is sufficiently mature).

• Child’s Wish: The opinion of a child above 7 years may be considered.

Step 3: Interim/Stay Orders

• The court can grant temporary custody during the trial based on urgency and prima facie evidence.

Step 4: Final Decree & Visitation Schedule

• The court issues a detailed order on custody, guardianship, and a structured visitation schedule for the non-custodial parent.

• Maintenance: The father remains liable for the child’s maintenance (nafaqa) regardless of custody.

How to Find the Right Child Custody Lawyer in Lahore

Choosing the right advocate is critical. Look for:

1. Specialization: A lawyer or firm focusing specifically on family law with a proven track record in custody cases.

2. Local Expertise: Experience practicing in Lahore’s Family Courts, District Courts, and the Lahore High Court. They should know the judges and procedural nuances.

3. Client Reviews & Reputation: Seek personal referrals or check credible online reviews and testimonials.

4. Compatibility & Compassion: You need someone who is not only legally sharp but also understands the emotional stress and communicates clearly.

5. Transparent Fee Structure: Understand their fee arrangement (hourly, fixed per hearing, or a total case fee) upfront.

Essential Documentation for Your Custody Case

Gather and provide your lawyer with:

• Child’s B-Form/CRC

• Nikahnama & Divorce/Khula Decree

• CNICs of all parties

• Proof of Income & Assets (to argue provision capability)

• Evidence of fitness/unfitness (school records, medical records, photos, communication logs, witness statements).

• Police reports (if there’s abuse or kidnapping).

Conclusion: Protecting What Matters Most

Child custody disputes are profoundly challenging. While the legal framework in Pakistan provides structure, each case is deeply personal. The trend in Lahore’s courts is increasingly towards a child-centric approach, moving beyond rigid traditional rules.

Securing a knowledgeable, empathetic, and strategic child custody lawyer in Lahore is not just a legal step; it’s an investment in your child’s stability and your peace of mind. Start with thorough consultations, arm yourself with information, and choose a legal partner who will fight diligently for an outcome that truly serves your child’s best future.

Contact Sohaib n Sultan – Law Firm for Legal Assistance: https://sohaibnsultan.pk/