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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 Nigeria, including Jos, child custody issues are dealt broadly under the Matrimonial Causes Act, and Child's Right Act of 2003. Legally, both parents have equal rights to custody of their children. However, in determining who gets custody, the court always considers the best interest of the child. This may take into account factors like the child's age, emotional ties, the physical and mental health of the parents, and the ability of each parent to provide for the child.
While not always necessary, having a lawyer can be beneficial in a number of situations. If the other parent has hired a lawyer or if your case is complex, having legal representation can ensure your rights and interests are protected. If you and the other parent are unable to agree on custody, a lawyer can provide advice, support and represent you during court proceedings. Child custody issues can be emotional, having a lawyer can help ensure decisions are made based on facts, not emotions.
In Jos, both the Nigerian national statutes and the Plateau State laws apply. Nigerian Child's Right Act of 2003, makes broad provisions for the custody of children, handling both custody and guardianship matters. It states that in the event of separation or divorce, custody may be decided by mutual agreement between the parents, and if no agreement is reached, a court decision will be sought. Importantly, the paramount consideration in all matters shall be the best interest and welfare of the child.
Traditionally, the courts have allowed the mother to have custody, especially for young children. However, the law does not automatically favour any parent. The court will always consider the best interests of the child, which includes the child's emotional ties, the health of the parents, and each parent's capacity to meet the child's needs.
Yes, a child custody order is not permanent. If there are significant changes in circumstances, and those changes impact the best interests of the child, the Court may modify the existing order.
In some cases, relatives such as grandparents can be granted custody if it's in the best interest of the child, especially in situations where neither parent is capable or available to take care of the child.
If the parents cannot agree on a visitation schedule, a court may set one. The court's primary concern is to make sure visitation is in the best interest of the child.
If a court's custody order is not followed, the aggrieved parent can file an application for contempt of court. Legal penalties may be imposed by the court to ensure compliance with its orders.
For more resources you can consult the Nigerian Institute of Advanced Legal Studies, the Nigeria Legal Aid Council, or advocacy groups like the International Federation of Women Lawyers (FIDA) Nigeria. These institutions can provide legal help, advice and educate you about your rights.
If you need legal assistance with child custody issues in Jos, your first step should be to reach out to a local family lawyer or a legal aid organization. They can provide you with advice tailored to your specific situation. You can also try to educate yourself about the intricacies of Nigerian family law, so that you are well informed about your own case.
