The Role of Grandparents in Child Custody Cases in Pakistan
In Pakistan, when parents separate or get divorced, the question is who will take care the child? becomes very important. While the mother is usually the first choice for custody, sometimes the child’s grandparents can also get involved. In this blog, we’ll look at how grandparents can play a role in child custody cases in Pakistan, based on family law.
The Laws That Decide Custody in Pakistan
Guardians and Wards Act, 1890
In Pakistan, the Guardians and Wards Act is the main law that decides who can take care of a child. According to this law, a court can decide who should look after a child. While it mostly talks about parents, it does not stop grandparents from asking for custody or the right to see their grandchild. The court will always choose the person who is the best person for the child’s well-being & welfare.
Family Courts Act, 1964
The Family Courts Act, 1964 makes it easier to handle family issues, including child custody. This law also looks at the child’s best interests and can consider grandparents in custody decisions.
Grandparents’ Rights in Custody Cases
Custody Rights
In Pakistan, the mother usually gets the first right to take care of her children. But if the mother cannot look after the child (for example, if she is ill or has passed away), then the court can consider other family members, like grandparents, can take care of the child. The court always decides based on what is best for the child.
Visitation Rights
Even if the grandparents don’t get custody, they can still ask the court for visitation rights for their grandchildren. If a parent is stopping them from seeing the child, grandparents can apply to the court. The court will decide whether the grandparents can visit, based on what is best for the child and the relationship between the grandparent and the child.
What Does the Court Think About?
When a court is making a decision about custody or visitation, it looks at several things:
The Child’s Well-Being: The court wants to make sure the child is happy & healthy.
The Parents’ Ability to Care for the Child: If the parents can’t take care of the child, the court may think about other family members, including grandparents.
Grandparents’ Ability to Care for the Child: The court also looks at whether grandparents are able to take care of the child, based on things like health, money, and home life.
The Child’s Opinion: If the child is old enough, the court might listen to what they want.
Steps for Grandparents to Ask for Custody or Visitation
File a Petition: Grandparents need to file a request with the family court. They need to explain their relationship with the child and why they should be allowed to care for or visit the child.
Court Hearings: The court will schedule of meetings to hear both sides and see what is best for the child.
Court Decision: After the hearing, the court will make a decision. They will always put the child’s well-being first.
Challenges Grandparents May Face
Grandparents may face several difficulties when they ask for custody or visitation:
Legal Complications: The court process can be complicated, and grandparents may need a lawyer to help them so you can contact with family lawyer in lahore zahid law office.
Opposition from Parents: Sometimes parents don’t want the grandparents to have custody or visitation. This can lead to a long legal battle.
Emotional Stress: Custody battles can be stressful for everyone, including the child. It can also create tensions in the family.
Conclusion
In Pakistan, grandparents can play an important role in child custody cases. They can ask for custody or visitation if the court believes it is in the best interest of the child. Since the law can be tricky, it is a good idea for grandparents to get legal help to guide them through the process.