custody of child born out of wedlock in nigeria

Section 24 of the Lagos State Child Right Law, 2007 emphatically prohibits abduction or unlawful removal or transfer of a child from lawful custody. Thanks for reading! 3) Just because men are lacking in a few areas does not mean society "oppresses men". In fact, it is even a taboo to see a girl give birth in her fathers house. Head of the editorial team. According to the Blacks Law Dictionary, a child is defined as a progeny of parentage. In this case, the court grants custody to one parent and care and control to the other. iii. In many societies, illegitimate children are also subject to discrimination. Custodial interference 10. The maintenance order the court may make include welfare support, education advancement among others. Hence, you are most likely in those days to see situations where a man who pays bride price of another lady takes the custody of that child as against the childs natural father. The primary consideration in awarding custody of the child (ren) is the welfare and the best interest of the child (ren). The family Court is purely for the hearing and adjudicating of all matters concerning and relating to children which invariably cover the welfare, well-being and protection of a child including those born out of wedlock. It is primarily. Civil action to establish paternity; motion to set aside paternity. 46. It should be noted however that decisions of custody are entirely at the discretion of the trial judge who will exercise the same both judicially and judiciously, based on the peculiar facts of the case and the application of the relevant laws thereto. Web29. In most cases, if the mother opts to have and raise the child, then the unwed father will be financially responsible for supplying regular child support payments (regardless of whether he admits paternity) and will typically have visitation rights (and potentially seek custody) of the offspring. H.3 16A POW MAFEMI CRESCENT, Utako, Abuja, Fct Registration of births in Nigeria. The attorneys for Lunden Roberts, the mother of Hunter Biden's daughter born of wedlock, spoke with the media following a child support hearing, but remained There are various custody orders which the court may make depending on the circumstances of the case. Custody Rights Of Fathers Regarding Minor Children In Section 7(1) Matrimonial Causes Act provides: Worked 6 years as a relationship development trainer. Who do you think has custody of a child if there is no court order? INTEREST OF CHILDREN A child born out of wedlock is called an illegitimate child. CUSTODY OF A CHILD BORN OUTSIDE WEDLOCK Joint Custody They should also participate in significant occasions like birthdays, holidays, school events, and doctor visits. Unfortunately for them too, a child came in unexpectedly. This article is for educational purposes only and should not be substituted for sound legal advice. Matters of religion affect the welfare of the child and courts are anxious to ensure that whatever decision is reached in this respect reflects the childs best interest. It should also be notarized to make it legally binding. So, we must keep it in mind that anyone can have custody of a child born out of wedlock today. In order for This has often times resulted in heated controversy as to who has the right to the custody of the child. Where children are of tender age, the courts are more likely to grant custody to the mother except where there are intervening circumstances. The father has no legal obligations or rights over the child, equal share from children within wedlock. Customary marriage permits limitless number of wives, whilst Islamic Muslim law marriage allows up to four wives. You In some states, he may even be able to block an adoption if he proves that he is a fit parent. Save my name, email, and website in this browser for the next time I comment. However, I would draw your attention to the fact that our various traditional societies have different answers to it. This particular girl fought so hard to raise the child, only for the guy to wake up one day to claim that the custody of the child should be awarded to him. Thus, making a case for equal treatment and opportunity which must be protected and to forestall the present struggle and remove the stigma of being called a bastard. Custody/Rights of a Child Born Outside Wedlock - PressReader Regardless of the states specific requirements, an unmarried father needs to consult with an attorney for advice regarding his rights and responsibilities as a father. o Any child of the husband and wife born before the marriage whether legitimated by the marriage or not; and +234 803 262 2359 It shows that children all over the world whether born within or outside wedlock have inalienable rights which must be protected. Child custody is often complicated, but when the parents are unmarried, establishing parental rights can make custody, visitation, and child support more problematic. Statutory marriage admits one man, one wife. In cases where the father has custody, he should ensure his parental rights are legally recognized. 0000025453 00000 n Meanwhile the last child is 11 and eldest 13, My whatsapp number DUTY OF COURT IN DETERMINATION OF INTEREST OF THE CHILD From the provision of Section 71(1) of the Matrimonial Causes Act, it will be appreciated that the Court has a wide discretion in custody matters. 0000042635 00000 n Consent is the second way a man can establish paternity in Illinois. If the father lives with the child for the first two years of the childs life and represents himself as the father, this also creates a legal presumption of paternity. CHILD CUSTODY IN NIGERIA - THE RIGHTS OF A CHILD The Concise Oxford Dictionary, 17th Edition defines a child as a person who has not reached the In the course of the divorce proceedings, the court may make an order as to the maintenance of a child. CUSTODY If the father was married to the mother at any point, he might also be able to provide documentation of the marriage as evidence. 0000055441 00000 n Submitted articles must be in British English and must not have been published or submitted aro publishing elasewhere. Intestate Succession in Nigeria: What is the Status of Children In some cases, a paternity case can also be initiated by the father or another interested party, such as the child support enforcement agency. Email: info@peerreviewedjournal.com.ng A copy of a certificate of birth of the child shall be attached to the complaint. She was accompanied to the welfare office to negotiate the custody , the case was later referred to a family court in Lagos, where the Magistrate allowed shared custody, with the children staying more with their father during school periods but the mother for weekends and partly during the holidays. The court may also grant care and control to one parent without making any order as to custody. This establishes legal paternity for the child. It also raises the question of who has legal custody of a child born out of wedlock. from the father or mother. Change), You are commenting using your Facebook account. 1227) 177, the court stated that the following factors among others are key in determining who should have custody: However, even if he acknowledges the child to be his but cannot be seen to take good care of the child, the custody of the child will be awarded to the mother. WebBaby born out of wedlock are granted the same right as the baby born within a family.

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