One of the most emotionally charged aspects of divorce or separation is who gets custody of the children. Many parents fear losing access to their child or being unfairly treated by the legal system. If you’re a parent asking questions like:

• Can a father get custody in Nigeria?
• Does the mother always win custody battles?
• At what age can a child choose who to stay with?
• What are my rights as a parent?

Then this article is for you!

Read: PROCEDURE FOR CHILD CUSTODY IN NIGERIA.

What is Child Custody?

Child custody refers to the legal rights and responsibilities a parent has over the care, control, and upbringing of a child. In Nigeria, custody can be:

• Physical Custody which is who the child lives with
• Legal Custody which is who has the right to make major decisions about the child’s education, health, religion, etc.

The court can grant sole custody to one parent or joint custody to both parents (shared responsibilities) depending on the evidence before the court and the peculiarity of the case. There is no automatic winner in custody battles. While many people believe the mother always gets custody, this is not a fixed rule. The court decides custody based on the best interest of the child, and other factors.

What Courts in Nigeria Consider in Custody Cases?

1. The Best Interest of the Child: This is the most important factor. Section 71(1) of the Matrimonial Causes Act states that custody shall be awarded “having regard to the welfare of the child. “This includes but not limited to; The child’s emotional and physical well-being, Stability and routine, Access to good education and healthcare, Moral and religious upbringing, who has been the primary caregiver.
2. Age of the Child: Children under 5 years old are usually placed with the mother, unless there is strong evidence that she is unfit. However, this is not automatic. If the mother is negligent, abusive, mentally unstable, or incapable of care, custody can go to the father or a third party.
3. Parental Conduct and Capability: The court looks at the parent’s character (e.g., history of abuse, addiction, criminal activity), Financial stability and ability to provide, living environment and support system, The parent’s willingness to encourage the child’s relationship with the other parent
4. Child’s Preference: If the child is older (typically 10 years and above) and matured enough, the court may consider their preference, but it is not binding. The judge will assess whether the child’s choice is rational and free from manipulation.
5. Type of Marriage and Custom: In statutory marriages (registered under the Marriage Act), custody matters are determined under the Matrimonial Causes Act. In customary or Islamic marriages, the rules may differ but courts still prioritize the child’s welfare over cultural norms.

Note the following:

1. Courts can award custody to a father if it is in the best interest of the child. It is not only mothers that custody is granted to. Fathers can win custody especially with evidence of fitness and care.
2. Custody can be reviewed if circumstances change. Where there is neglect, abuse or relocation or the parent with custody is not abiding by the court order.
3. Financial capacity matters in custody but it is not only the factor to consider by the court. the court also considers emotional care and stability of the parent.
4. Children may make preference in custody matter; the court may consider their preferences but makes its final decision.

In conclusion, Custody battles can be emotionally draining, but courts are not interested in punishing one parent or rewarding another. The sole question is: What is best for the child or children? Fathers, mothers, or even third parties (like grandparents) can be granted custody but only if they prove they can offer a stable, loving, and responsible environment for the child. Note that you need the services of a family lawyer for this custody.

For further enquiries

Email: info@verazadvocates.com.ng

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