As per Lawkidunya, The mother is entitled to the custody of her child. However, in the case of her death or disqualification the maternal grandmother maintains the right to custody till the child becomes seven years old.

In Pakistan, child custody rights of elderly parents are not explicitly recognized or protected under the law. However, the courts consider various factors when determining custody, including the child’s best interests, parental capacity, and the child’s relationship with each parent.

Elderly Parents’ Rights

1. Grandparents’ rights: Pakistani law recognizes grandparents’ rights, but these rights are not explicitly defined in the context of child custody.
2. Custody considerations: Courts may consider the elderly parent’s age, health, and ability to care for the child when determining custody.
3. Child’s best interests: The court’s primary consideration is the child’s best interests, which may involve maintaining a relationship with the elderly parent.

Challenges Faced by Elderly Parents

1. Age and health: Elderly parents may face challenges in caring for a child due to their age and health.
2. Financial constraints: Elderly parents may have limited financial resources to support a child.
3. Social stigma: Elderly parents may face social stigma or bias in the court system, which can impact custody decisions.

Recent Developments

1. 2019 Supreme Court judgment: The Supreme Court of Pakistan recognized the rights of grandparents to custody and visitation, but emphasized that the child’s best interests should be the primary consideration.
2. Proposed amendments: There have been proposals to amend Pakistani laws to provide greater protection and recognition of elderly parents’ rights in child custody matters.

Recommendations

1. Legislative reforms: Pakistani laws should be reformed to explicitly recognize and protect the rights of elderly parents in child custody matters.
2. Training for judges and court staff: Judges and court staff should receive training on the challenges faced by elderly parents and the importance of considering their rights in child custody decisions.
3. Support services: Support services, such as counseling and financial assistance, should be made available to elderly parents to help them care for their grandchildren.