Whilst it is correct to say that a Testator has complete freedom to give his/her property to whomever s/he desires, the various Wills Act put certain restrictions. 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 This may involve joint legal custody and joint physical custody. But the court in determining who does that must have recourse to the childs care. Unfortunately for them too, a child came in unexpectedly. Never knew any of this. 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 for the legitimation of the child born out of wedlock if the alleged biological father is, in fact, the biological father. 0000020771 00000 n It should also be notarized to make it legally binding. 2 Dearborn Square #1D If the father was married to the mother at any point, he might also be able to provide documentation of the marriage as evidence. The determination of the welfare of a child is a composite of many factors. The effect of this is that both parents are involved in the physical sharing of the child as well as participating in decisions affecting the childs life such as education, medical problems etc. Hence, the question of which of the parents have custodial rights over the child has always been an issue to be dealt with by the Courts. However, whether a court will follow the general belief that it is better the custody of very young children are left for their mother will depend on the circumstances of the case. No matter how high your emotions run, avoid using your children as a pawn if you must go your separate ways. Where neither of the parties to the marriage has applied for the custody. What then is the fate of a child born out of wedlock? Without an order of the court, a child cannot be taken away from his or her mother without the mothers consent. Who will the court grant the custody of such child? right to freedom of association and peaceful assembly in accordance with the necessary guidance and direction of his parents or guardians. Contributors should comply with the Nigeria Association of Law Teachers Uniform Citation Guides (NALTUCS). The consideration and thought are more of the happiness of the child and his/her psychological development. As society has become more accepting of out-of-wedlock births, fathers have been given more rights and responsibilities regarding their children. 0000033994 00000 n In cases of parental separation prior to the Amendment, mothers enjoyed automatic custody rights over their minor children. See; Motoh v. Motoh (2011) 16 NWLR (Pt. If the man is named as the childs biological father on the birth certificate, the parties can sign a written statement confirming that the mother had the mans permission to put his name on the birth certificate as the childs biological father. (LogOut/ Unfortunately for them, the boy impregnates the girl but the duo was not ready for marriage. It is one of the things not envisaged in our various statutes. 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. ? For further enquiries, please visit us at Rivers State University, Faculty of Law Peer Reviewed Journal. When a man is married to a woman either at the time of the conception of the child or at the birth of the child, the man is presumed to be the father of the child and there is no need for the man to take further action to establish paternity. Custody proceedings could even be adjourned to judges chambers wherein informal hearing, the childrens view could be assessed along with those of the parents. In fact, it is even a taboo to see a girl give birth in her fathers house. So it is essential to understand the legal rights of both parents. These are matters to be tried. So, we must keep it in mind that anyone can have custody of a child born out of wedlock today. Research support is also available. In some cases, the father may be willing to take on the responsibility of raising the child, but this is not legally binding. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Kankakee, IL 60901, 1 W Old State Capitol Plz Ste 721 Common Misconceptions About Business Contracts, Medical Malpractice Lawyer Bloomington, IL. CONCLUSIONAs has been repeatedly stated in this piece, the court will always consider the well-being and security of the child. Submitted articles must be in British English and must not have been published or submitted aro publishing elasewhere. In Nigeria, children born out of wedlock are considered to be the sole legal responsibility of their mother. After paternity has been established according to Illinois law, the father can then file an action to seek legal custody of or visitation rights with the child. %PDF-1.5 % 32 0 obj <> endobj xref 32 28 0000000016 00000 n Meanwhile the last child is 11 and eldest 13, My whatsapp number However, a parent may not be deprived of custody merely because of his or her conduct which might have contributed to the breakdown of the marriage. Conduct of the Parties Some of our partners may process your data as a part of their legitimate business interest without asking for consent. In many societies, illegitimate children are also subject to discrimination. Just get a competent lawyer and the father will be forced to pay monthly child support. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097] CUSTOMARY LAW:- Native Law and However, the maintenance order may be made in favour of a child above 21 years in exceptional circumstances. Written hundreds of articles on divorce, child custody, employment and other human rights law topics for blogs and websites worldwide. I v a serious question for child custody after the death of the father under customary law, Your email address will not be published. Above Whispers is a platform for those who want to have a mature engagement online. Custody is awarded by the Court;2. This button displays the currently selected search type. C. It is a defense to a prosecution pursuant to subsection A, paragraph 2 if both of the following apply: 1. Pursuant to the provisions of the Matrimonial Causes Act, any child below the age of 21 is automatically entitled to a maintenance. Legal paternity gives the father the right to seek legal custody or visitation rights under Illinois family laws. This means they have the right to decide about their childs welfare, including education, healthcare, and religious upbringing. By implication, the custody of a child born out of wedlock without a subsisting marriage at the verge of dissolution or separation as the case may be cannot be heard by the court. Peer reviewed journal by Professor C.C. If paternity is established, both parents have equal rights to custody over the child and must make decisions together regarding legal matters, physical placement, and parenting time. It will not be strange to say that the number of children born out of wedlock across the country is overwhelming. 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. 106.5. 0000000953 00000 n Paternity is the biological relationship between the father and the child. o Any child of the husband and wife born before the marriage whether legitimated by the marriage or not; and What constitutes interest of children which a court must consider before making an order of custody? Nigeria, once a father acknowledges the paternity of a child whether born in or out of wedlock, the child is regarded as a legitimate child and is entitled to share in The father must respond to this petition, either agreeing to parentage or denying it. from the father or mother. Web(a) When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in I hold a Bachelor of Laws (LL.B) from UoL. This was the decision by the Supreme Court in the case of ODOGWU VS ODOGWU (1992) LPELR-2229(SC) where the Court held that: If the parents are separated and the child is of tender age, it is presumed the child will be happier with the mother and no order will be made against this presumption unless it is abundantly clear the contrary is the situation- e.g, immorality of the mother, infectious disease on the mother, insanity, and or her cruelty to the child. The Courts can, where it considers it appropriate also grant joint custody. Journal of Environmental & Human Right Law, Journal of Intl Trade Law & Contemporary Issues, LEGAL APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS IN MARRIAGE DISPUTES IN NIGERIA, TRADE UNIONISM IN NIGERIA REFLECTION OF PROBLEMS AND PROSPECT. The application may be made ex-parte in cases of extreme urgency or on notice to the other party. Remember, custody of children out of wedlock is complex. The establishment of paternity shall not have the effect of Nevertheless it is the duty of thespouse to ensure that at death, adequate provision is made for his widow/widower and child (ren) from his/her estate including the adopted child (ren) and the child (ren) he/shetook parental responsibility of before his/her death. 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. WebBaby born out of wedlock are granted the same right as the baby born within a family. Head of the editorial team. The Court has the discretion to make such order in respect of custody, guardianship, welfare, maintenance, advancement or education of the child as it thinks fit. Web66 given parental responsibility for the child, neither may act as 67 natural guardian of the child. Section 24 of the Lagos State Child Right Law, 2007 emphatically prohibits abduction or unlawful removal or transfer of a child from lawful custody. $xJ,FX 4 endstream endobj startxref 0 %%EOF 3082 0 obj <>stream Nwogugu.-. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. hToV?c-iKmFCI?Jl)(R)By`ETj$b0@B TV>TV6MH mxk;i@{ , e KZI*4vAwr3+jQ*;5RSJ_oS}WrU'_YH[=j6)f`I#aNeXMk-1! 5jJ]f{BW&Ie5F h"RI84ZQ@NvXBvvw:OGU3u_g9!9\xpK. Today, it matters not whether the bride price of the woman is paid or not, the paternity is to the natural father, and the custody is also to him but not absolute. A child born out of wedlock is a victim of a circumstance which he did not create and as such, should not be made to suffer because of the circumstances of his birth and being deprived from inheriting custody of children born outside wedlock from being discriminated from inheritance of their biological fathers property upon acknowledgement of paternity and also having children born out of wedlock. Joint Custody A child born out of wedlock creates a situation where the paternity of the child could be called into question. 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. 0000011011 00000 n 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. This power can be exercised where during a matrimonial proceeding, a dispute with respect to the custody, guardianship, welfare, maintenance, advancement or education of the children of the marriage arises after the proceedings for the principal relief has been instituted. Children born out of wedlock are entitled to the same rights and protections as children born of a marriage (found in chapter 209C, section 1). This may involve signing a voluntary acknowledgment of paternity or filing a petition for custody and visitation with the court. 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. 0000015403 00000 n We and our partners use cookies to Store and/or access information on a device. 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. All Rights Reserved. However, under the Matrimonial Causes Act, Section 69 defines children of the marriage for the purpose of custody to include: Who owns the custody of children out of wedlock? When a child is born out of wedlock in Illinois, the mother has legal custody. If the mother decided to put the child up for adoption, the father would have no say in the matter. Education and Religion 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.
