Can children (ages 12, 9 and 5) choose to give sole custody to their father based on their ages?

In Nigeria
Last Updated: Apr 8, 2026
The father of my children and I have been separated for 2 years and have been doing joint custody. Lately he’s been acting out because I didn’t agree to visitation at his residence where he stays with his mistress; I only accepted visitation at his family members’ homes or if he is staying alone. For the sake of my kids, who are 8, 6 and 3 respectively, can the children (or their ages) determine or give sole custody to their father?

Lawyer Answers

Silverwrit Attorneys

Silverwrit Attorneys

Apr 8, 2026
It is only a family court under the Child Rights Act or a High Court in a matrimonial cause under the Matrimonial Causes Act, that can determine issues of custody, visitation rights, and child maintenance. A child does not have the capacity to determine what's in their best interest. Was your separation as a result of a decision of a court?
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