Both the girl and the guy lay claim to the custody of the child. Consideration such as the emotional attachment to a particular parent, mother or father; the inadequacy of the facilities, such as educational, religious, or opportunities for proper upbringing are matters which may affect determination of who should have custody. 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 age of discretion.. When a child is born out of wedlock, it has no LEGAL father UNLESS a man signs a paternity affidavit (with your signature, too) and files it with the state, THEN the two legal parents have JOINT legal custody unless and until there is a custody award made by a court granting sole custody to one parent and visitation (parenting time) to Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. For a more detailed analysis on this topic with case studies click on this link. CONCLUSION Unless and until a man is adjudicated the father of a child born out of wedlock (i.e. "It is a well settled principle of law that a child born out of wedlock, as in the present case, follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father thereof. Citizenship Legal tips with CIA series 47: custody of children born out of International Solidarity And Diplomacy Are Urgently Required To Bridge Africas Huge [REGISTER] Mediation Skills Accreditation And Certification Course [Port Harcourt]. If the mother decided to put the child up for adoption, the father would have no say in the matter. 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. That means the legal rights of a child born out of wedlock begin with the mother. The Wishes of the Child Joint custody involves both parents sharing responsibility and authority with respect to the children. Having considered the above, it is pertinent to ask the question; who is entitled to the custody of a child born out of wedlock? 10. Change). WebBaby born out of wedlock are granted the same right as the baby born within a family. A child born out of wedlock is called an illegitimate child. Custody of a Child born outside Wedlock While the Childs Right Act, Cap C50, LFN, 2010, defines a Child as a person under the age of eighteen years, Article II It is apparent that the well-being of the child is of paramount importance in granting custody. If custody is granted to a third party, the court may include an order as to proper access to the child by the parents. How about in a situation where the father is trying to identify with the child by supplying the needs of the child both materially and monetary, but the parents and the lady is denying him access, how can he file for a legal custody? In Nigeria, children not born in wedlock (Marriage Ordinance) or who are not issues of marriage under native law and custom, but are issues born without Call any of the numbers below to place your order 08165006406 while our email address is mosulucanain@lca.org.ng, The journal price is N2, 000.00 per copy. Karibi-Whyte JSC in the case of Williams v. Williams observed as follows: In the course of the divorce proceedings, the court may make an order as to the maintenance of a child. In one of those cases, court frowns at situation where the paternity of a child is given to one who pays bride price as against the interest of the natural father. viii. In the determination of the interest of the child in making a custody order, the court will take into consideration the ages of the children; the arrangements made for their accommodation, education, welfare and general upbringing, as well as the conduct of the claimants. This is so important that in some cases where the court so deems fit, it is encouraged to consult the childs wishes in considering what order ought to be made Re A (all infant) (1955) 2 ALL ER 202 (also in (1955) 1 WLR 465. Thus, making a case for equal treatment and opportunity which must be protected and to forestall the present struggle and remove the stigma of being called a bastard. In some cases, the father may be willing to take on the responsibility of raising the child, but this is not legally binding. When you need the assistance of an experienced family law attorney in central Illinois, call Pioletti Pioletti & Nichols. +234 708 1156 539. Without an order of the court, a child cannot be taken away from his or her mother without the mothers consent. oregon do unwed mothers get sole custody of Nationality of Parent Age: The fact that a child is of a tender age does not necessarily mean that his/her custody will always be granted to the mother but the court will readily do so if it is in the interest of the child. In Nigeria, children born out of wedlock are considered to be the sole legal responsibility of their mother. Matter of Coker - United States Department of Justice 12. Voting is carried out from Sunday to Wednesday (Facebook)/Thursday(Twitter) on; Facebook page: https://www.facebook.com/streetlawyernaija/.