Custody of a child includes the care, control and maintenance of a child as may be granted by a court order to one of its parents in a divorce or separation proceeding or in a situation in which the child is orphaned.
This article focuses on the concept of child custody, with an emphasis on:-
– Factors involved in granting custody of the child.
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– Maintenance of a child in care
– Legal framework for child custody in Nigeria
What factors are considered when issuing a custody decision in Nigeria?
Factors that affect who gets custody include:
– The child’s wish
– The behavior/character profile of the parties in the custody dispute
– Age and sex of the child
– The existence of welfare arrangements for the child
– Age and sex of the child
– Medical needs of the child
What are the main provisions of Nigerian child custody law?
The Matrimonial Law
– Section 71(1) states that in proceedings concerning the custody, guardianship, welfare, fostering or education of children of a marriage, the court must regard the interests of those children as a primary consideration and that the Court may make such order contingent upon matters as it sees fit.
– Pursuant to subsection (1) of the above provision, the court may adjourn the entire proceeding pending the obtaining of a report from a welfare officer on matters relevant to the proceeding which the court considers desirable and such report may thereafter be received in evidence .
– In proceedings concerning custody of children by marriage, the court, if satisfied that it is desirable to do so, may order custody of the children or those of them whom it considers appropriate to be transferred to a person, who is not involved in the marriage.
– When the court orders a child out of a marriage to be placed in the custody of a spouse or person other than a spouse, it may include in the order such provision as it deems appropriate for access to the child by the other Spouse or by the parties or a spouse.
The Children’s Rights Act
– Section 69 of the Children’s Rights Act provides that the court:-
A). At the request of the father or mother of a child, make such arrangement as they deem appropriate regarding custody of the child and a parent’s rights of access to the child, taking into account the following:
– The well-being of the child and the behavior of the parents.
– The wishes of the mother and father of the child.
b). Modify, amend or rescind an order made pursuant to paragraph a) of Section 69(1) of the Children’s Rights Act using:-
– The father or mother of the child.
– The child’s guardian, after the death of the child’s father or mother.
C). In any case, with regard to the costs, make such an order as you see fit.
The court’s power under Section 69(1) of this Section to make an order for custody of a child and right of access to the child may be exercised notwithstanding the fact that the mother of the child is not at the time with the child lives father of the child.
What are the provisions of Nigerian child maintenance law and which party is financially responsible for this?
The Children’s Rights Act provides that:
– If a court makes an order giving one parent custody of the child, the court may also order the other party to pay the custodial parent amounts of money towards child maintenance weekly or at another specified time. The court may consider it reasonable considering the means of the paying parent.
What is the validity of custody clauses in separation deeds?
Under Nigerian law, no agreement contained in a deed of separation between a father and mother of a child is invalid solely because it provides that the father of the child relinquishes custody or control of the child to the mother.
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