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Browse our 2 legal questions about Child Custody in Nigeria and the lawyer answers, or ask your own questions for free.
In Abeokuta, like in other parts of Nigeria, child custody law is primarily governed by the Children and Young Persons Law of Ogun State and the Child Rights Law of Nigeria. The best interest of the child is paramount in any decision regarding custody and visitation rights. Both parents have an equal right to petition for custody, but the court takes into account several factors like the moral fitness of the parents, the emotional and physical needs of the child, and the child's preference, if they are mature enough to express it.
Child custody cases can become complex and stressful, particularly if the separation is not amicable. Having a lawyer ensures that your rights and interests are protected. A lawyer can guide you through this complex process, prepare and present your case effectively, and ensure the best possible outcome for you and your child. Also, if your former partner hires a lawyer, you should do the same to level the legal playing field.
The Children and Young Persons Law of Ogun State provides that in deciding to whom custody of a child should be given, the welfare of the child is of paramount consideration. The Child's Rights Law of Nigeria similarly emphasizes on the best interest of the child, and considers key factors like the child's opinion, the parent's ability to meet the child's physical, emotional and educational needs, and the risk of any harm to the child.
Contrary to common perception, Nigerian law doesn’t automatically favor mothers in custody disputes. The guiding principle is the best interest of the child. This includes considerations like the parents' capacity to provide for the child, the child's age and preference, and the character and conduct of both parents.
The courts will often take into account the wishes of the child if the child is considered to be of sufficient understanding and maturity. However, the child's preference is not the deciding factor. The primary focus is what is best for the child's overall well-being.
Yes, a parent can apply for a modification of a custody order if there is substantial change in circumstances of the parties involved or if it's in the best interest of the child. A lawyer can guide you through this process.
Non-custodial parents are usually granted visitation rights, unless it's determined that visits could be harmful to the child. The courts often encourage continuous and frequent interaction between the child and both parents.
Under certain circumstances, third parties such as grandparents or other relatives could be granted custody. It would have to be proven that neither parent is capable of adequately caring for the child.
For additional help, you can approach the National Human Right Commission (NHRC), the Legal Aid Council of Nigeria, or the Ogun State Ministry of Women Affairs and Social Development. These organizations can provide further advice and assistance where needed.
If you need legal assistance in a child custody case, you should engage a lawyer who specializes in Family Law, and more precisely, in Child Custody Law. You can also approach the aforementioned organizations or visit the local courts for general guidance.
