Can both parents share custody post-divorce?

Divorce is often one of the most emotionally challenging experiences for a family, especially when children are involved. In Child Custody Laws in Pakistan, laws are guided by a blend of Islamic principles and the statutory framework provided under the Guardian and Wards Act, 1890. When a marriage ends, one of the most pressing questions parents face is: Can both parents share custody of the child after divorce? While the law does not explicitly recognize the term "shared custody," the courts have the discretion to allow arrangements that ensure the child’s best interest, which, in some cases, includes joint parenting models.

Understanding Custody Under Pakistani Law

Custody in Pakistan is legally referred to as hizanat, while guardianship refers to overall legal responsibility, including decisions about education, property, and other important matters. Traditionally, mothers are granted custody of younger children, especially girls and boys under seven, while fathers often retain guardianship and may be awarded custody as the child grows older. However, the ultimate consideration is the welfare of the child, as stated in Section 17 of the Guardian and Wardship Act, 1890.

This means courts have wide discretion in deciding who should care for the child—and how custody should be structured—even if it doesn’t fall within the traditional sole custody framework.

Is Shared Custody Legally Recognized in Pakistan?

There is no explicit provision in Pakistani law that recognizes "shared" or "joint custody" in the way it is defined in some Western jurisdictions. In practice, however, family courts may approve informal shared custody arrangements, especially if both parents are cooperative and committed to maintaining a healthy environment for their child.

The concept of shared custody is typically interpreted as:

• Both parents have significant time with the child;

• Shared decision-making responsibilities for the child’s education, healthcare, and welfare;

• Alternating schedules for weekdays, weekends, holidays, and vacations.

While not formally codified, such arrangements are often reached through mutual consent and endorsed by the court as part of a custody or visitation agreement.

Conditions That Support Shared Custody

Shared custody is more likely to be considered by Pakistani courts if certain conditions are met:

1. Mutual Agreement Between Parents: Courts are more inclined to allow shared custody if both parents voluntarily agree to such an arrangement and present a clear, workable plan.

2. Geographic Proximity: If both parents live in the same city or area, shared custody is more practical and less disruptive for the child’s routine and schooling.

3. Child’s Age and Maturity: Shared custody may work better with older children who can adapt to split time between homes. Younger children, especially infants or toddlers, require more stability and may not benefit from frequent transitions.

4. Parental Cooperation: Courts assess the willingness of both parents to cooperate, communicate, and avoid involving the child in conflicts. High-conflict situations are a major obstacle to shared custody.

5. Child’s Welfare and Wishes: If the child is mature enough to express a preference, courts may take that into account when deciding whether a shared custody arrangement is in their best interest.

Challenges to Shared Custody in Pakistan

Despite its advantages, shared custody in Pakistan faces several challenges:

• Lack of Legal Framework: The absence of defined legal provisions for shared custody can lead to enforcement issues if one parent fails to comply with the arrangement.

• Cultural Norms: Traditional family roles and cultural expectations often make it difficult for both parents to take equal responsibility post-divorce, especially when the mother remarries or the father travels frequently.

• Emotional Conflict: If the parents have unresolved conflict or a history of domestic abuse, shared custody can place emotional stress on the child.

• Logistical Barriers: If the parents live far apart or if their schedules clash, coordinating shared custody becomes difficult.

Best Interest of the Child: The Legal Standard

The  Child Custody Laws in Lahore welfare of the minor remains the cornerstone of all custody decisions in Pakistan. This includes the child’s:

• Physical and emotional well-being,

• Educational continuity,

• Relationship with both parents,

• Moral upbringing, and

• Sense of security and stability.

Even when one parent is granted primary custody, the non-custodial parent is almost always granted visitation rights, unless they pose a danger to the child.

Conclusion: A Possibility, Not a Guarantee

While shared custody is not formally recognized in Pakistan’s legal code, it is not prohibited either. Family courts have considerable discretion to allow arrangements that involve both parents, especially when the arrangement promotes the child’s best interest and both parents are cooperative.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. 

In essence, shared custody is possible in Pakistan, but it often relies on the goodwill and agreement of both parents, along with the court’s endorsement. As awareness of co-parenting grows and social attitudes evolve, shared custody may become a more common and structured feature of post-divorce family life.