As per Lawkidunya, In Pakistan, child custody laws for parents with disabilities are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. While these laws do not explicitly address parents with disabilities, they do provide some guidance on custody matters.

General Principles:

1. Best interests of the child: The court’s primary consideration is the welfare and best interests of the child.
2. Parental capacity: The court assesses the parental capacity of both parents, including their physical and mental ability to care for the child.

Disability-Specific Considerations:

1. Assessment of disability: The court may assess the nature and extent of the parent’s disability to determine its impact on their ability to care for the child.
2. Reasonable accommodations: The court may consider whether reasonable accommodations can be made to enable the parent with a disability to care for the child.
3. Support system: The court may assess the availability of a support system for the parent with a disability, such as family members or caregivers.

Challenges For Parents with Disabilities:

1. Stereotypes and biases: Parents with disabilities may face stereotypes and biases in the court system, which can impact custody decisions.
2. Lack of accessibility: Court buildings and procedures may not be accessible to parents with disabilities, creating barriers to justice.
3. Insufficient support: Parents with disabilities may not have access to sufficient support systems, such as caregivers or assistive technology, to enable them to care for their child.

Recent Developments:

1. 2018 Supreme Court judgment: The Supreme Court of Pakistan ruled that a parent with a disability can be granted custody of their child if they can provide a suitable environment and care.
2. Disability Rights Convention: Pakistan ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2011, which recognizes the rights of persons with disabilities to equality and non-discrimination.

Recommendations:

1. Training for judges and court staff: Provide training on disability awareness and accessibility to judges and court staff.
2. Accessible court facilities: Ensure that court buildings and procedures are accessible to parents with disabilities.
3. Support systems: Provide access to support systems, such as caregivers or assistive technology, to enable parents with disabilities to care for their child.

In summary, while Pakistani laws do not explicitly address child custody for parents with disabilities, the courts consider the best interests of the child and the parental capacity of both parents. However, parents with disabilities may face challenges and biases in the court system, and there is a need for greater awareness, accessibility, and support.

How Can a Mother Lose Custody of her Child in Pakistan

If the court thinks that to live with the mother in the child’s tender years is not in the child’s welfare the court may deprive her from custody. If there is a clash between the rights of the parents and the welfare of the minor the latter prevails.