Child Custody (Hizanat) in Pakistan: Does mother lose custody of a minor daughter if she remarries?

Linked Legal Reference

1980 C L C 1212

No, a mother does not automatically lose custody of her minor children solely because she remarries. Under the Guardians and Wards Act 1890 and established Pakistani case law (such as the precedent in 1980 CLC 1212), the paramount and overriding consideration in child custody disputes is always the welfare of the minor. The courts look at the specific circumstances of the mother, the stepfather, and the father. If the father cannot show that the mother's remarriage would be detrimental to the minor's physical, educational, or moral upbringing, the custody will remain with the mother. The mother's remarriage is only one factor, not an absolute bar to custody.