How Does Pakistani Law View Paternal Custody If The Mother Is Deemed Unfit?

Hamza & Hamza Law Associates27 May, 2025Legal

If the mother is deemed unfit due to reasons such as neglect, abuse, or moral misconduct, Pakistani law generally grants custody to the father, who is considered the natural guardian under the *Guardians and Wards Act, 1890*. The court evaluates the child's welfare above all else and may grant custody to the father if it ensures the child’s physical, emotional, and moral well-being. However, the court may also consider other suitable guardians if the father is also found unfit.