There are different types of child custody Nigerian courts can award. Though this is not specified in the Matrimonial Causes Act, Section 7(1) states that in proceedings concerning custody, the court shall regard the interest of the child as the paramount consideration.
That said, the next subheading highlights the 5 types of custody Nigerian courts can award.
The 5 Types Of Child Custody Nigerian Courts Can Award
1) Physical Custody – Physical custody entails the right to organize 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 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 usually 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 affect the child’s welfare. Also, 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 don’t have interest in the welfare or growth of the child
- Neither of the parents has 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.
Conclusion
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