As per Lawkidunya, Child custody regulations in Pakistan are primarily governed by the Guardians and Wards Act 1890. The law prioritizes the welfare and well-being of the child, taking into account factors such as age, sex, religion, and the character and capacity of the guardian.

Custody Ages

– Infancy (0-7 years): The mother has a preferential right to custody.
– Childhood (7-12 years for boys, puberty for girls): The father’s right to custody becomes stronger, but the mother may still retain custody if it’s in the best interests of the child.
– Adolescence (12+ years for boys, post-puberty for girls): The child’s own wishes and preferences may be taken into account in custody decisions.

Qualifications of a Custodian

– The custodian should be of good moral character and reputation.
– The custodian should be sane and free from mental or bodily diseases.
– The custodian should be of the same religion as the child.
– A kitābiyah (Christian or Jewish) mother can have custody of her child.

Factors Influencing Custody Decisions

– The child’s emotional attachment to each parent.
– The financial stability of each parent.
– The education and upbringing of the child.
– The character and conduct of each parent.

Court’s Discretion

– The courts have significant discretion in custody decisions, taking into account the unique circumstances of each case.
– The welfare of the child is the paramount consideration in custody decisions.
It’s worth noting that Pakistani courts have not been consistent in their decisions regarding child custody, and the laws governing child custody are not always clear-cut.