As per Lawkidunya, In Pakistan, child custody laws for grandparents are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here’s an overview:
Key Principles
1. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.
2. Age and Sex of the Child: The court considers the child’s age and sex when determining custody.
3. Parent-Child Relationship: The quality of the relationship between each parent and the child is assessed.
4. Financial Stability: The financial stability of each parent is considered, as well as their ability to provide for the child’s needs.
Rights of Grandparents in Pakistan
1. Right to Custody: Grandparents can seek custody of their grandchildren in certain circumstances, such as:
– Death of one or both parents.
– Incapacity of one or both parents.
– 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.
Types of Child Custody in Pakistan For Grandparents
1. Physical Custody: The physical care and control of the child.
2. Legal Custody: The right to make decisions about the child’s education, healthcare, and welfare.
3. Joint Custody: Both parents or grandparents share physical and legal custody of the child.
How to Obtain Child Custody in Pakistan as a Grandparent
1. File a Petition: File a petition in the court seeking custody of your grandchild.
2. Provide Evidence: Provide evidence to support your case, including documents, witnesses, and expert testimony.
3. Attend Court Hearings: Attend court hearings and present your case to the judge.
Tips For Grandparents Seeking Child Custody in Pakistan
1. Seek Professional Advice: Consult with a qualified family law attorney.
2. Document Everything: Keep a record of interactions with your grandchild, including dates, times, and activities.
3. Prioritize Your Grandchild’s Welfare: Focus on demonstrating your ability to provide a stable, loving environment for your grandchild.
4. Be Respectful and Composed: Maintain a respectful demeanor during court proceedings.
Important Laws and Regulations For Grandparents in Pakistan
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.