As per Lawkidunya, In Pakistan, child custody rights of step-parents are governed by the Guardians and Wards Act 1890, Islamic law (Shariah), and the Pakistan Penal Code. Here’s an overview:

Key Considerations

1. Islamic Law: In Pakistan, Islamic law plays a significant role in determining child custody. According to Islamic principles, the biological parents have primary custody rights.
2. Guardians and Wards Act 1890: This law governs child custody disputes and emphasizes the welfare of the child.
3. Step-Parent’s Role: Step-parents may be considered as guardians or custodians, but their rights are secondary to those of the biological parents.

Child Custody Rights of Step-Parents

1. No Automatic Rights: Step-parents do not have automatic custody rights, even if they are married to the biological parent.
2. Court’s Discretion: The court has the discretion to grant custody to the step-parent if it is deemed in the best interest of the child.
3. Welfare of the Child: The court prioritizes the welfare of the child when determining custody, considering factors like the child’s age, sex, and well-being.
4. Biological Parent’s Consent: If the biological parent consents, the step-parent may be granted custody or visitation rights.

Challenges and Considerations

1. Social Stigma: Step-families may face social stigma in Pakistan, which can impact child custody cases.
2. Complexity of Laws: The intersection of Islamic law, the Guardians and Wards Act 1890, and the Pakistan Penal Code can create complexity in child custody cases.
3. Step-Parent’s Relationship: The quality of the step-parent’s relationship with the child and the biological parent can influence custody decisions.

Recommendations

1. Seek Legal Advice: Step-parents should consult with a qualified attorney specializing in family law in Pakistan to understand their rights and options.
2. Understand Islamic Principles: Step-parents should be aware of Islamic principles and how they may apply to child custody cases.
3. Prioritize the Child’s Welfare: Ultimately, the child’s welfare should be the top priority in any custody dispute.