Child Custody Petition Format

Child Custody Petition Format

A Child Custody Petition is the legal document filed before the Family Court by a parent or guardian seeking custody of a minor child.

The purpose of the petition is to explain why custody should be granted in the best interests and welfare of the child.

Although every custody dispute has unique circumstances, most child custody petitions follow a similar legal format.

Basic Child Custody Petition Format

IN THE COURT OF JUDGE FAMILY COURT, LAHORE

Family Suit No. _______ / 20____

Mr./Mrs. ______________________
Son/Daughter of __________________
Resident of _____________________

                     PLAINTIFF

VERSUS

Mr./Mrs. ______________________
Son/Daughter of __________________
Resident of _____________________

                     DEFENDANT

SUIT FOR CUSTODY OF MINOR CHILD

Opening Paragraph

RESPECTFULLY SHEWETH:

1. That the plaintiff is the natural parent/legal guardian of the minor child.

2. That the defendant is the other parent of the minor child.

3. That the present petition is being filed in the welfare and best interests of the minor child.

Details Of The Child

4. That the minor child details are as follows:

Name: ______________________

Date of Birth: ______________

Age: _______________________

Gender: ____________________

Current Residence: __________

Marriage And Family Background

5. That the parties were married on ___________.

6. That from the said marriage the following child/children were born:

a. ______________________

b. ______________________

c. ______________________

Facts Giving Rise To The Custody Dispute

7. That disputes arose between the parties.

8. That the parties started living separately on __________.

9. That the custody of the minor child is presently with __________.

10. That the plaintiff seeks custody of the minor child because it is in the child's welfare and best interests.

Grounds For Seeking Custody

11. That the plaintiff is entitled to custody on the following grounds:

a. Welfare of the minor child.

b. Better upbringing and care.

c. Proper education facilities.

d. Better health and safety arrangements.

e. Emotional and psychological wellbeing of the child.

f. Financial ability to support the child.

g. Any other relevant ground.

Cause Of Action

12. That the cause of action arose when the defendant refused to hand over custody of the minor child and continues to accrue daily.

Jurisdiction Clause

13. That this Honourable Court has jurisdiction because the minor child presently resides within the territorial jurisdiction of this Court and/or the parties reside within its jurisdiction.

Prayer Clause

PRAYER

In view of the above facts and circumstances, it is respectfully prayed that this Honourable Court may kindly:

a. Grant custody of the minor child to the plaintiff.

b. Direct the defendant to hand over custody of the minor child.

c. Pass any further order deemed necessary for the welfare of the minor child.

d. Award costs of the proceedings.

Alternative Prayer For Visitation

Where immediate custody is not being sought, the petition may alternatively request visitation rights.

It is further prayed that reasonable visitation rights may be granted to the plaintiff in the welfare and best interests of the minor child.

Verification

VERIFICATION

Verified on oath at Lahore on this ____ day of _______ 20___ that the contents of this petition are true and correct to the best of my knowledge and belief.

____________________
PLAINTIFF

Documents Commonly Attached With A Child Custody Petition

• CNIC of the petitioner.

• Child's Birth Certificate.

• B-Form.

• Family Registration Certificate (FRC).

• Nikah Nama.

• Marriage Registration Certificate.

• Passport copies (where applicable).

• School records.

• Medical records.

• Proof of residence.

• Any evidence supporting the child's welfare.

What Does The Court Consider In Custody Cases?

Many parents mistakenly believe custody is automatically granted to either the mother or father.

The primary consideration in Pakistani custody cases is the welfare of the minor child.

The Court may consider:

• Age of the child.

• Physical wellbeing.

• Educational needs.

• Emotional wellbeing.

• Living arrangements.

• Relationship with each parent.

• Special needs of the child.

Common Mistakes In Child Custody Petitions

• Focusing on parental disputes instead of child welfare.

• Making unsupported allegations.

• Failing to provide supporting documents.

• Ignoring educational and medical evidence.

• Using emotional arguments without factual support.

• Failing to address the child's best interests.

Can Overseas Pakistanis File Child Custody Petitions?

Yes. Many Overseas Pakistanis seek custody of children living in Pakistan.

Depending upon the circumstances, custody matters can often be pursued while the parent resides abroad.

Related guide: Can Child Custody Be Handled From Abroad.

Need Help Drafting A Child Custody Petition?

At Malhi Law Associates, we assist parents and guardians with Child Custody Petitions, Guardianship Petitions, Visitation Rights Cases, Child Maintenance Cases, and family court proceedings throughout Pakistan.