As per Lawkidunya, In Pakistan, grandparents have limited child custody rights, which are governed by the Guardian and Wards Act 1890 and Islamic law. Here are some key aspects of grandparents’ child custody rights in Pakistan:

Legal Framework

1. Guardian and Wards Act 1890: This Act gives grandparents the right to apply for custody of their grandchildren in certain circumstances.
2. Islamic law: Islamic law (Shariah) also recognizes the rights of grandparents, particularly in cases where the parents are unable to care for the child.

Circumstances for Grandparent Custody

1. Death of parents: If both parents are deceased, grandparents may be granted custody of their grandchildren.
2. Incapacity of parents: If the parents are incapacitated or unable to care for the child, grandparents may be granted custody.
3. Abandonment: If the parents have abandoned the child, grandparents may be granted custody.

Factors Considered for Grandparent Custody

1. Welfare of the child: The court’s primary consideration is the welfare of the child.
2. Age and health of grandparents: The court considers the age and health of the grandparents in determining their ability to care for the child.
3. Financial stability: The court evaluates the financial stability of the grandparents in determining their ability to provide for the child’s needs.

Procedure for Grandparent Custody

1. File a petition: Grandparents must file a petition with the relevant court, usually the Family Court or the Guardian Court.
2. Provide necessary documents: Grandparents must provide necessary documents, such as the child’s birth certificate, parents’ death certificates (if applicable), and proof of their relationship with the child.
3. Court hearing: The court will schedule a hearing to consider the grandparents’ petition and determine the best interests of the child.

Challenges and Limitations

1. Parental rights: Grandparents may face challenges from parents who oppose their custody application.
2. Limited rights: Grandparents’ custody rights are limited compared to those of parents.
3. Court discretion: The court has significant discretion in determining custody, and grandparents may need to demonstrate exceptional circumstances to secure custody.