custody of child born out of wedlock in nigeria custody of child born out of wedlock in nigeria

It is important to note that laws vary from state to state, so it is essential to be familiar with the laws in your jurisdiction. vii. The mother of a child born out of 68 wedlock and a father who has established They flex themselves and do everything married people do; yet, they were not married neither customarily nor under the Act. The court therefore is always guided by what it considers the best interest of the child. The guy who may not have any reasonable means of livelihood decides to disappear, leaving the girl with the child. Similarly, Order 2 Rule 1 of the Family Court (Civil Procedure Rules), 2012 made pursuant to Lagos State Child's Right Law, 2007 makes the well-being of a child its overriding objective. Education and Religion Pursuant to the provisions of the Matrimonial Causes Act, any child below the age of 21 is automatically entitled to a maintenance. Equality of parents presupposes that either parent may be entitled to custody of the child. Never knew any of this. 0000056110 00000 n A child born out of wedlock creates a situation where the paternity of the child could be called into question. The findings made from this work is that in spite of the provision of section 42 of the Constitution of the Federal Republic of Nigeria 1999, which The primary consideration in awarding custody of the child (ren) is the welfare and the best interest of the child (ren). You can also contact us here if you need sound legal advice. right to freedom of association and peaceful assembly in accordance with the necessary guidance and direction of his parents or guardians. The common law position on custody and guardianship of a child born out of wedlock are that all parental rights are vested in the mother. Save my name, email, and website in this browser for the next time I comment. It will depend on the circumstances of each case. Ultimately, it is up to the parents to figure out what works best for them and their children. Ultimately, what matters most is what is best for the child. (LogOut/ 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. 4 Months Withheld Salary: FGs Insensitivity To Our Plight, Unbearable NANS Gives MultiChoice Seven Days To Reverse Price Hike, Abducted Fmr NBA President, Okey Wali SAN Regains Freedom. 0000000953 00000 n Thus, regardless of whether the parents were married under the Act or had a customary law marriage or even in cases where the parents were never married and the child or children were born out of wedlock, their best interest should be the primary focus. WebIn any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the alleged biological fathers response may assert a third-party action When you need the assistance of an experienced family law attorney in central Illinois, call Pioletti Pioletti & Nichols. If custody of a child has been with a parent for a considerable period of time, care must be exercised in the change of the custody. Therefore under the Act, the position of the customary law or common law will not apply to the custody of a child born outside of wedlock. Your email address will not be published. A spouse knows for instance that by the very nature of his/her job, he/she would not be able to properly care and cater for the child/ children of the marriage or even have time for them; yet would insist on having custody just to get at the other. 1274) 474. 3) Just because men are lacking in a few areas does not mean society "oppresses men". Where the two can reasonably do that and there is no compelling reason to the contrary, then the custody is to the father of the child. Web29. (1) An adoption order made by a court of competent jurisdiction in Nigeria shall contain a direction to the RegistrarGeneral to make in the This article is for educational purposes only and should not be substituted for sound legal advice. So however that a child of the husband and wife (including a child born before the marriage, whether legitimated by the marriage or not) who has been adopted by another person or other persons shall be deemed not to be a child of the marriage Web66 given parental responsibility for the child, neither may act as 67 natural guardian of the child. In Nigeria, where the father and mother of a child were not married to each other at the time of birth of the child, DUTY OF COURT IN DETERMINATION OF INTEREST OF THE CHILD Sex: it is generally believed that girls should be in the care of their mothers and boys with their fathers. THE ROLE OF WELFARE OFFICERS IN CUSTODY CASES Although the above cited statutory provision does not define what constitutes the best interest of the child, it is believed that the well-being, safety and happiness of the child is intended. This notwithstanding, either of the parents of the child is allowed access to the child. If not properly handled, the children ultimately suffer. The child custody after divorce in Nigeria primarily rested on the best interest of a child. Here, as laid out by law, when a couple has a baby outside of marriage, it is usually required that the father pay financial support to help with costs like childcare or medical bills. 0000036582 00000 n In this case, the court grants custody to one parent and care and control to the other. Rights of Unmarried Fathers. Civil action to establish paternity; motion to set aside paternity. In many societies, illegitimate children are also subject to discrimination. As a Family Law Practitioner, it is advisable that the parties in a matrimonial cause put aside their hurts and pains and in the interest of the children take time to discuss what is best for them and thereafter file terms embodying these resolutions. Kankakee, IL 60901, 1 W Old State Capitol Plz Ste 721 At present, there is handful of judicial authorities to it. The work also focuses on the Nigerian law granted them that protection. 0000006669 00000 n In such a case, the court may order that the custody remains with the parent alreadytaking care of the child. Copyright 2023 - Faculty of Law Peer Reviewed Journal. I. He may need to file legal paperwork, sign an affidavit, register with a putative father registry, and legally adopt the child. The application should contain sufficient grounds necessitating the application. This means they have the right to decide about their childs welfare, including education, healthcare, and religious upbringing. A child born out of wedlock is called an illegitimate child. However, I would draw your attention to the fact that our various traditional societies have different answers to it. (2) Under the law of Nigeria, a child born out of wedlock is illegitimate; such a child may be legitimated through the subsequent marriage of the child's parents Just get a competent lawyer and the father will be forced to pay monthly child support. In conclusion, custody of children out of wedlock is not straightforward. A married couple not seeking a divorce, but just the maintenance of the child may institute an action pursuant to the Child Rights Act or Child Rights of a state. In order for 0000001289 00000 n This being the case, where there is a dispute as to the custody of a child born out of wedlock, it is suggested that the appropriate step to be taken is to apply to the Family Court for an Order granting the custody of such child to the applicant. Where neither of the parties to the marriage has applied for the custody. So, we must keep it in mind that anyone can have custody of a child born out of wedlock today. Begins PROMO On All Purchases, To End 30th April, 2023. right to freedom of movement in conformity with the law. 0000001082 00000 n This work recommended that there should be enactment of a law against producing children outside If the father was married to the mother at any point, he might also be able to provide documentation of the marriage as evidence. Who is entitled to the custody of the child? We are happy you enjoyed it. Concerning marriages under customary law, the Supreme Court in the case of OKWUEZE v. OKWUEZE (1989) LPELR-2539(SC) held that: In general, under most systems of customary law in Nigeria the father of a legitimate child or legitimated child has absolute right to custody of the child. Ordinarily, one may be quick to conclude that the custody of a child born out of wedlock automatically vest on the mother even where paternity has been established based on an assumption that a child requires the love, care and attention of a mother at an early stage. Arome Abu is the Managing Partner of TCLP. Each state sets how much they are asked to contribute based on each parents income. The reason is to protect the interest of the child, that is, the childs best interest. The reason is very simple; in the Igbo traditional society, great value is usually attached to bride price. There seems to be a presumption that all child custody and maintenance matters in Nigeria will be decided in favour of the father. a right to life, survival and development. The result is that the parent vested with custody has the power to control the major decisions of the childs future while the other parent controls the day-to-day physical upbringing of the child. See Family Code of El Salvador, art. In some jurisdictions, unmarried fathers must take steps to establish legal fatherhood before being granted custody. This button displays the currently selected search type. So it is essential to understand the legal rights of both parents. This establishes legal paternity for the child. In fact, it is even a taboo to see a girl give birth in her fathers house. Police, Security Agents and Public Officers, https://www.facebook.com/streetlawyernaija/, Follow The StreetLawyers on WordPress.com, Know Your Constitution: Part 1 Section 33 and34, Gun Possession in Nigeria and the Laws RegardingThem, Know Your Constitution: Part 1 Section 31 and32, Know Your Constitution: Part 1 Section 29 and30, Know Your Constitution: Part 1 Section 27 and28. There are three types of marriages in Nigeria against which background the succession laws will be applied. The relationship of the child with the parents and other arrangements for the welfare and education of the child should also be included in the report. Under the Igbo customary law, it is nothing much to talk about that the custody of every child rests on the womans father who in turn transfers same to the man who pays the bride price of the woman. It is awarded in divorce or separation proceedings. Nationality of Parent Olowoofoyeku (2011) 1 NWLR (pt. It also raises the question of who has legal custody of a child born out of wedlock. A. Fathers can express their commitment to their children through emotional and financial support. The father has no legal obligations or rights over the child, In the proceeding with respect to the custody, guardianship, welfare, advancement or education of children of the marriage, the court shall regard the interest of those children as the paramount consideration and subject thereto the court may make such order in respect to those Matters as it thinks proper. (3) An application under this section shall be exercisable only within a period of six months from the grant of the Probate. DISCRETIONARY POWERS OF THE COURT IN CUSTODY CASES In the course of the divorce proceedings, the court may make an order as to the maintenance of a child. Save my name, email, and website in this browser for the next time I comment. It provides thus: These Rules are made with the overriding objective of giving protection and care as necessary for the well- being of the child, taking into consideration the rights and duties of the child's parents, legal guardians, individuals, institutions, services, agencies, organizations or bodies legally responsible for the child.. The establishment of paternity shall not have the effect of WebThe paternity of a child born out of wedlock may be established by civil action at any time prior to such child's eighteenth birthday. Under Iowa Code 252A.3A, the paternity of a child born out of wedlock may be legally established by completing and filing an Affidavit of Paternity with the State Registrar. The modern approach is to vest the custody in both parents (with powers to make major decisions) and grant care and control to one of them. While custody is defined as the care, control and maintenance of child awarded by a court to a relative, usually one of the parents, in a divorce or separation proceedings. In the past, fathers who had children out of wedlock had very few rights. Hello! This has often times resulted in heated controversy as to who has the right to the custody of the child. It is one of the things not envisaged in our various statutes. Both parents may also by agreement apply to the court to have joint parental responsibility for the child. In most cases, the mother is awarded custody. A DNA test may be ordered to determine paternity if the father denies parentage. via a paternity test) or executes a voluntary acknowledgment of paternity (i.e. In ODOGWU V. ODOGWU(1992) 2 NWLR Part 225, page 539 , Belgore, JSC as he then was, held that the interest of children which are required to be taken into consideration in custody matters by virtue of Section 71(1) of the M.C.A cannot be quantified in terms of materials such as money or food but they must of necessity promote the happiness and security that a tender age requires. o Any child adopted since the marriage by the husband and wife or by either of them with the consent of the other. In exercising its discretion on whom to grant custody to, the Court will take into account the following:- (a) The health of the children (b) The social and financial status of the parties The welfare of the children (d) Available facilities for the children (e) Religions and social opportunities available (f) Sex and age of the children. By and large, factors the court may consider in granting the custody of a child include the followings: i. In your right mind, who do you think should truly have the custody of the child? Section 71 (1) of the Matrimonial Causes Act (M.C.A) gives credence to this where it provides: In proceedings with respect to the custody, guardianship, welfare, advancement or education of children of a marriage, the court shall regard the interest of these children as the paramount consideration, and subject hereto, the court may make such order in respect of those matters as it thinks proper. 0000008793 00000 n o Any child of the husband or wife (including an illegitimate child of either of them and a child adopted by either of them) if, at the relevant time, the child was ordinarily a member of the household of the husband or wife. This is in contrast with split custody. CUSTODY OF A CHILD BORN OUTSIDE WEDLOCK Under The court order will usually allow contact between the child (ren) and the parent with whom the child (ren) is not living, unless there are exceptional circumstances. She has offered to share her expertise with Above Whispers readers anonymously because she will be sharing real life case studies with us. Thanks for reading! If you have a question for the Feminist Attorney please leave your comments below or send it to info@abovewhispers.com, Nice read I would like to know who is supposed to be in custody of children of a widow in Igbo land(Anambra) according to law.if the widow is not remarried and has a good job too. According to the Blacks Law Dictionary, a child is defined as a progeny of parentage. This will also benefit both the father and the child as it gives them security in knowing they have a legal connection. Persons to give information concerning a birth. The Court will make this order: When a child is born out of wedlock, it has no LEGAL father UNLESS a man signs a paternity affidavit (with your signature, too) and files it with the state, THEN the two legal parents have JOINT legal custody unless and until there is a custody award made by a court granting sole custody to one parent and visitation (parenting time) to However customary law recognizes that the absolute right of the father will not be enforced where it will be detrimental to the welfare of the child see p.260 of Family Law in Nigeria by E.I. Except as otherwise provided by law, the mother of an unmarried minor child born out of wedlock is entitled to the care, custody, services and earnings and control of such minor. The care, control and maintenance of a child which may be awarded by a court to one of the parents as in a divorce or separation proceeding. It is noteworthy that in the award of custody of a child by a court, the paramount interest of the child is the main key. If it isnt possible to make an informal arrangement, the woman can apply to the court for a child (ren) contact order. Emotional attachment to a particular parent. Establishing a solid relationship with the child will help create a meaningful connection between the father and the child beyond legal documents. From a practitioners point of view, having custody of the child/children is often a tough battle particularly for women coming out of a bad relationship or marriage. The Feminist Attorney is a Legal Practitioner and Academic with many years of experience. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. The report of the welfare officer is expected to cover all aspects of the life and welfare of the child in question. Section 24 of the Lagos State Child Right Law, 2007 emphatically prohibits abduction or unlawful removal or transfer of a child from lawful custody. This document must be signed voluntarily and witnessed by two people who are not related to either parent. 0000003821 00000 n CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice. The first is by presumption. Once paternity is established, the father will have the same legal rights and responsibilities as any other father in Texas. The capacity and the disposition of the parents to understand and meet the needs of the child;c. The preference of the child;d. The wishes of the parents as to custody;e. The actions of each parent to encourage the continuing parent/child relationship between the child and the other parent, as is appropriate, including compliance with court orders;f. The manipulation by or coercive behavior of parents in an effort to involve the child in the parents disputeg. Suppose paternity is not established or is disputed. 0000055179 00000 n Worked 6 years as a relationship development trainer. The father has no legal obligations or rights over the child, and the child does not inherit any property from the fathers side of the family. When two people have a child out of wedlock, custody of the child is immediately awarded to the mother, though the father may pursue custody for a variety Custody is awarded by the Court;2. Section 71(2) of the Matrimonial Causes Act provides that: The court may adjourn any proceedings within subsection(1) of this section until a report has been obtained from a welfare officer on such matter relevant to the proceedings as the court considers desirable and any such report may thereafter be received in evidence. CONCLUSION 3052 0 obj <> endobj 3070 0 obj <>/Filter/FlateDecode/ID[<30CAE4378F7545348FE17057FFF5CAF2>]/Index[3052 31]/Info 3051 0 R/Length 87/Prev 493248/Root 3053 0 R/Size 3083/Type/XRef/W[1 2 1]>>stream viii. The courts discretion must not be exercised as a punishment for one party or a reward for the other party. Unless and until a man is adjudicated the father of a child born out of wedlock (i.e. Written hundreds of articles on divorce, child custody, employment and other human rights law topics for blogs and websites worldwide. Is the family of the late husband by right supposed to be in custody of the children or rather the widow. This means the father has no say in decisions regarding the child, such as medical treatment or education. What if the whereabouts of the father is Customary marriage permits limitless number of wives, whilst Islamic Muslim law marriage allows up to four wives. All Rights Reserved. 0000005481 00000 n Of course, this can sometimes lead to disagreements, but both parents need to remember that they are equals in the eyes of the law. In Nigeria,where the father and mother of a child were not married to each other at the time of birth of the child, either parent may apply to the court to have parental responsibility for the child. Although the provision does not clearly provide for circumstances where a child could be removed or transferred from lawful custody, it is believed that where the well-being and security of the child cannot be guaranteed or where the life of the child is in serious danger, removing the child from the custody of either parent or the childs guardian will be proper. In cases of extreme urgency, an oral application may be made subject to the leave of court, before the ex-parte application or application on notice is made. If the mother is unable or unwilling to care for the child, they may be placed in the care of another relative or guardian. In the case of children born out of wedlock to one U.S. citizen parent and one non-citizen parent, the law in effect since Dec. 24, 1952, has provided that a child born to a U.S. citizen mother acquires citizenship at birth as long as the mother had one year of continuous physical presence in the United States prior to the childs birth. 0000001790 00000 n Change). We strive to continuously empower the academic community with innovative solutions that improve how legal issues are addressed, evaluated and communicated to researchers, innovators and the public. Consent is the second way a man can establish paternity in Illinois. 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 Of Children Born Out Of Wedlock. Web7. Depending on the laws in that particular jurisdiction, an unmarried father may be granted joint legal custody, joint physical custody, or even sole custody of the child. Or visit our website: www.ogboduogbeandassociates.com. In Alabi v Alabi (2007) and Olowoofoyeku v. Olowoofoyeku (2011) 1 NWLR (pt. However, there are some exceptions to this rule. 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. The work concluded that depriving children born out of wedlock from the inheritance of their father or mothers property is illegal as same amounts to discrimination against them. Not surprisingly, many of these cases end up in court when the parents are at odds about custody, child support and other matters. This should however be done with the help of the appropriate authorities to guide against taking the law into their hands. The father does not have any legal rights to visitation or custody. C. It is a defense to a prosecution pursuant to subsection A, paragraph 2 if both of the following apply: 1. editor@thenigerialawyer.com, Call 07044444777, 07044444999, 08181999888 or visit: https://alexandernigeria.com/, [A MUST HAVE] Book On Civil Procedure In Nigeria: A Practice Guide With Legal Precedents And Formats. Medical and Psychological Factors More importantly, it must state clearly that the security and well-being of the child cannot be guaranteed in the hands of the other party. Time limit for registration. The mother of a child born out of 68 wedlock and a father who has established paternity under s. 69 742.011 or s. 742.10 are the natural guardians of the child and 70 are entitled and subject to the rights and responsibilities of 71 parents.