In theory, yes, fathers can be granted custody if the court determines it is in the child's best interest. Factors such as the mother's remarriage, inability to care for the child, or other circumstances can lead to the father obtaining custody. However, the application of "yes" is very nuanced and may not be applicable in majority of the cases, even if the case is on merit.

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Courts assess various factors, including the child's age, emotional bonds with each parent, the parents' ability to provide for the child's needs, and any history of abuse or neglect. The overarching principle is the child's welfare.

Relocation can be contested by the non-custodial parent. Courts will evaluate whether the move serves the child's best interests and may impose conditions or modify custody arrangements accordingly.

While not explicitly defined in Pakistani law, courts can facilitate arrangements where both parents share responsibilities, especially if it benefits the child's welfare. Such arrangements are tailored to the specific circumstances of each case.

To obtain a guardianship certificate, one must file a petition in the Guardian Court, providing evidence of their relationship to the child and reasons for seeking guardianship. The court will evaluate the petition based on the child's best interests.

In theory the financial instability alone does not automatically disqualify a parent from custody. However, the financial instability is always a factor that affects a father's right to custody, guardianship and visitation exclusively, and the mother is exempt from it. Although the court will consider the parent's ability to meet the child's needs when determining custody arrangements but in most cases it will be if the fater is being considered or is contesting custody that too in very specific and peculiar circumstances.

The "tender years" doctrine is a traditional-legal principle used in child custody decisions which assumes that young children (especially under the age of 7) are best cared for by their mother, particularly during their early formative years — hence the term "tender years".

Yes, with a some effort and a bit of luck the visitation rights granted by the court are legally enforceable. If a custodial parent denies visitation, the non-custodial parent can seek enforcement through the court. The real life answer, however, is much more nuanced.

Overseas Pakistanis can file for custody or visitation rights in Pakistani courts. The court will consider the child's best interests, including the practicality of maintaining relationships across borders.

Yes, the child's religious upbringing is a factor in custody decisions. Courts aim to ensure the child's religious and moral development aligns with the family's beliefs, considering the custodial parent's ability to provide such guidance.

While a child's preference is considered, especially as they mature, the court may enforce visitation orders to maintain the parent-child relationship, unless there are compelling reasons to restrict contact.

A 491 application (habeas corpus in the case of a minor) is filed before the Honourable High Courts and serves a similar function to an application under Section 100 of the CrPC before a Magistrate. In Pakistan, such applications are almost exclusively used to transfer custody from fathers to mothers. In nearly all cases, the Honourable High Courts direct the father to seek relief from the Guardian Court for matters relating to custody, guardianship, or visitation arrangements.

In such situations, the most viable course of action for a father is either to appeal the High Court’s decision under the 491 application — which often results in a reaffirmation of the original order — or to initiate proper custody proceedings before the Guardian Court. The latter, while legally appropriate, is a prolonged and emotionally taxing process for addressing what is often an extremely delicate and urgent matter.