Parent nationality Courts would not discriminate between a Nigerian parent or a non-Nigerian parent in granting custody of a child. The main consideration is the well-being of the child. Please, I need advice on how to get custody of my two children. Not married to her father. INTRODUCTION Custody of children after divorce in Nigeria was primarily based on the best interests of a child. The very concept of “retention” is not defined in the Law on Marital Cases. However, in the Black`s Law Dictionary, custody of children is defined as “the custody, control and maintenance of a child that can be assigned by a court to a parent as in divorce or separation proceedings.” Section 7 (1) The Marital Cases Act states: “In the procedure relating to custody, guardianship, welfare, promotion or education of the children of marriage, the court considers the interests of these children to be the primary consideration and is subject to the court which may issue such an injunction with respect to these cases. , as she thinks is correct. The person who obtains custody of a child after divorce depends on a number of factors. v. Adjustment of the child plan When a party seeks custody of a child of the marriage, it is required to define the proposed scheme for housing, welfare, education, education and other child regulations.
If the party does not expose these facts, the court may be reluctant to consider the issue of custody of the children in favour of that party. It should be stressed that the mere fact that a spouse possesses material wealth cannot in itself be regarded as in the best interests of the child of marriage. However, it is essential that a spouse is in a much better financial position to raise the child and provide better housing. The party, which is in a better position to provide good housing for the child, may also be preferred. II. Split Custody In this case, the court grants custody to one parent and the other custody and control. The result is that the co-guard parent has the power to control the most important decisions of the child`s future, while the other parent controls the child`s daily physical education. The modern approach is to give custody of both parents (with powers, important decisions to be made) and to give care and control to one of them.
The court may also provide care and control to a parent without giving a custody order. IV. Temporary custody Here, when the custody of a child is granted to a parent who is temporarily in effect until the outcome of a separation or divorce procedure. This power may be exercised when a dispute over custody, guardianship, welfare, development or education of the children of marriage arises during a marital proceeding, once the main relief procedure has been opened. The petitioner or respondent may apply for interim custody until the final decision of the petition is made. The application can be made in the event of an extreme emergency or if notification to the other party is made. In the event of an emergency, an oral application may be subject to leave before the application for ex-Party or termination is made. ii.
The wishes of the child In some cases, in the context of a custody procedure, the judge may question the child concerned in private, especially when the child has reached an age when he is able to express his wishes. However, the child`s opinion may emerge from social relationships and is taken into account. The court generally treats the child`s wishes with caution, as this can be tinged either by his age or by the influence of a parent. III. Shared custody With shared custody, both parents share responsibility and authority over children. This may include a “legal” common custody and a “physical” joint custody. As a result, both parents participate in the child`s physical participation and participate in decisions about the child`s life, such as education, medical problems, etc.