Have you ever thought about child custody in Nigeria? In our last post, we discussed the grounds upon which divorce can be filed in Nigeria. We also examined its conditions as well as the limitations applicable to the divorce petition.
Having discussed this, looking at child custody in Nigeria and the legal position on the subject matters a lot. That’s what we’re about to do in this post.
Let’s get started.
Child Custody In Nigeria – The Meaning
Child custody is the legal authority to look after a child conferred on the child’s parents. The father or mother or both, in the event of divorce, could take custody of the child.
Custody battles are becoming rife in modern times. It’s now much more important to know what the domestic law says in this regard.
What Does The Law Say Concerning Child Custody In Nigeria
Applicable laws in Nigerian law are The Matrimonial Causes Act, The Marriage Act and The Customary Laws.
It is noteworthy that the applicable law will depend entirely on the type of marriage conducted between the parties involved.
For statutory marriages, the overriding criterion is the best interest of the child. The courts determine this. Also, abundant case lWs on this subject abound. Factual circumstances and event peculiarities determine the treatment of each case.
Under most customary laws, the father is the sole custodian. With the advent of the laws and the Child Rights Act, decision is subject to what Nigerian courts consider the best.
On the other hand, in Islamic marriage, the wife retains custody depending on the age of the child. But, relinquishes custody upon maturity to the husband.
Nevertheless, just like the customary law, the determining factor would be the interests and welfare of the child as espoused by the African Charter on Human and People’s right as well as the decisions of the Sharia Court of Appeal in this respect.
In Conclusion, if you feel an upcoming tussle over your children’s custody or you are in the middle of one, you have to seek legal advice immediately. Child custody is a very sensitive matter requiring experience and legal attention, you would do well to consult your lawyers.
References
Action4Justice Nigeria, “Child Custody and Property Rights in Marriage” available at https://nigeria.action4justice.org/legal_areas/womens-rights-focusing-on-marriage-rights/child-custody-and-property-rights-in-marriage/#:~:text=Under%20most%20systems%20of%20customary,the%20welfare%20of%20the%20child accessed on September 20 2023
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