Types of child custodies the court can award in Nigeria.
Though this is not clearly specified in the Matrimonial Causes Act, Section 7(1) states that in proceedings with respect to custody, the court shall regard the interest of the child as the paramount consideration.
Below, five types of custody that can be awarded in Nigerian courts will be highlighted.
1) Physical Custody – Physical custody entails the right to organise and administer the day to day residential care of the child either by one or both of the parties. This can be sole physical custody or joint physical custody.
2) Legal Custody – Legal Custody involves the right to make or participate in major decisions affecting the child’s education, religion, health, and general welfare. This can also be awarded to one or both parents solely or jointly depending on the circumstances of the case. Where a joint legal custody is awarded, parties involved will have to consult amongst themselves before a decision is reached over the affairs of their ward. The court ususally grants joint legal custody.
3) Split Custody – This arrangement entails the sharing of the custody of the child’s affairs. For instance, a party takes legal custody of the child, that is, solely making major decisions that affects the child’s welfare. And the other parent takes the physical custody of the child, administering the day to day care of the child.
4) Third Party Custody – The court can grant custody of a child to neither of the parents – a 3rd party, when it would be in the best interest of the child to do so. This can be permanent or temporal. The court will do this when;
*Parents are not interested in the welfare or growth of the child
*Neither of the parents have applied for custody
*Neither of the parents is fit to have custody of the child.
5) Joint or Shared Custody – This could be joint or shared physical custody or joint or shared legal custody. This means that both parents will have the right to share the privilege to make decisions regarding the child’s general welfare and also the day to day care of the child. The court will usually award such custody only when it is satisfied that both parties can put aside their differences and care for the child together.
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