Child Custody In under. Nigerian Law - SNATHAP

In Nigeria, child custody is governed by a combination of statutory laws, customary laws, and religious laws, depending on the circumstances of the case. Here’s a breakdown of child custody under Nigerian law:

1. Governing Laws

Child custody matters in Nigeria are mainly regulated by:

• The Matrimonial Causes Act (MCA) 1970 – applies to legally married couples under statutory marriage.
• The Child Rights Act (CRA) 2003 – focuses on the best interests of the child.
• Customary and Islamic Laws – apply where the parents were married under customary or Islamic law.

2. Who Gets Custody?

Custody decisions depend on various factors, including the child’s best interests, age, and parental capacity.

(a) Statutory Marriage (Under the Matrimonial Causes Act)

• Courts prioritize the best interests of the child.
• Young children (below 7 years) are typically given to the mother, unless she is deemed unfit.
• The father may be awarded custody if he proves to be the better guardian.
• Courts may award joint custody in some cases.

(b) Customary and Islamic Law

• Under Customary Law, custody often goes to the mother for young children, but the father or his family retains ultimate authority.
• Under Islamic Law, the mother usually has custody until the child reaches puberty, after which the father assumes responsibility.

3. Factors Courts Consider in Custody Cases

• The child’s best interests (welfare, education, and emotional stability).
• The age and sex of the child.
• The financial capability of each parent.
• The moral character of each parent.
• The child's preference (if mature enough).
• The ability to provide a stable home.

4. Custody Types

• Sole Custody – One parent has full custody.
• Joint Custody – Both parents share custody.
• Split Custody – Each parent gets custody of different children (uncommon).

5. Visitation Rights

The non-custodial parent is usually granted visitation rights unless deemed harmful to the child.

6. Can Custody Decisions Be Changed?

Yes, if circumstances change (e.g., abuse, neglect, financial instability), the court can modify custody arrangements.

Would you like details on a specific aspect?

Author: Olanlekan Natha-Alade

(c) Sun Natha-Alade & Partners  (SNATHAP)

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