Adv Ch Shahid Bhalli

Child Custody Rights of Grandparents in Pakistan

As per Lawkidunya, In Pakistan, grandparents have certain rights regarding child custody, which are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here are some key points:

Rights of Grandparents

1. Right to Custody: Grandparents can seek custody of their grandchildren in certain circumstances, such as:
1. Death of one or both parents.
2. Incapacity of one or both parents.
3. Abandonment of the child by one or both parents.
2. Right to Visitation: Grandparents have the right to regular visitation with their grandchildren, even if they don’t have custody.
3. Right to Decision-Making: Grandparents may have the right to participate in decision-making about their grandchild’s education, healthcare, and welfare.

Conditions for Grandparents’ Custody

1. Best Interests of the Child: The court’s primary consideration is the welfare and best interests of the child.
2. Ability to Provide Care: Grandparents must demonstrate their ability to provide adequate care and support for the child.
3. Relationship with the Child: The quality of the relationship between the grandparents and the child is assessed.

Procedure for Seeking Custody

1. File a Petition: Grandparents must file a petition in the court seeking custody of their grandchild.
2. Provide Evidence: Grandparents must provide evidence to support their case, including documents, witnesses, and expert testimony.
3. Attend Court Hearings: Grandparents must attend court hearings and present their case to the judge.

Important Laws and Regulations

1. Guardians and Wards Act 1890: Governs child custody disputes in Pakistan.
2. Muslim Family Laws Ordinance 1961: Provides guidelines for child custody and guardianship in Pakistan.

Additional Resources

1. Pakistan Women Lawyers’ Association: Provides legal assistance and support to women and children, including grandparents seeking child custody.
2. National Commission on the Status of Women: Works to promote and protect the rights of women and children in Pakistan.

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