Divorce is already a challenging experience, but when children are involved, the process becomes even more emotionally and legally complex. In Nigeria, child custody laws aim to protect the best interests of the child while considering the rights of both parents. If you are going through a divorce and worried about who will have custody of your child, this guide will help you understand the legal framework, decision-making process, and factors influencing custody rulings.

What does Child Custody means?

Child custody refers to the legal rights and responsibilities a parent has over a child after divorce. This includes decisions regarding the child’s welfare, education, and upbringing. Custody is categorized into:

• Legal Custody: The right to make major decisions concerning the child.
  
• Physical Custody: Determines where the child will live.
  
• Sole Custody: One parent has full custody rights while the other may have visitation rights.
• Joint Custody: Both parents share custody responsibilities

Who Gets Child Custody after Divorce?

The Nigerian courts prioritize the welfare and best interests of the child when determining custody. While both parents have a right to seek custody, several factors influence the final decision:

• Age of the Child: Young children (under age 7) are generally placed in the mother’s care unless proven unfit.
  
• Parental Capability: The court evaluates each parent’s financial, emotional, and mental ability to care for the child.
  
• Child’s Preference: In cases where the child is old enough (usually above age 10), their opinion may be considered.
  
• Moral and Social Standing: A parent’s lifestyle and ability to provide a stable environment play a role.
• Existing Bond: If one parent has been the primary caregiver, they may be favored for custody.

Can Father Get Custody in Nigeria?

While mothers are often granted custody of younger children, fathers can win custody if they demonstrate:

• The mother is unfit due to neglect, abuse, or inability to provide a stable home.
  
• They have been the primary caregiver before the divorce.
  
• The child is older and expresses a preference to stay with the father.
  

If one parent is granted sole custody, the other parent is usually given visitation rights unless it is against the child’s best interests. Co-parenting arrangements, though not common in Nigeria, are encouraged to maintain a healthy relationship between the child and both parents.

Can Child Custody Decisions Be changed?

Yes, custody decisions can be contested if circumstances change. A parent may seek a custody modification if they can prove:

• The custodial parent is no longer fit to care for the child.
  
• The child’s welfare is being negatively affected.
  
• There has been a significant change in financial or living conditions.

“In Nigeria, child custody laws aim to protect the best interests of the child while considering the rights of both parents.”

How To Secure Custody Of Your Child

To improve your chances of securing custody, consider the following:

• Work with an experienced family lawyer.
  
• Maintain a strong emotional and financial bond with your child.
  
• Avoid legal troubles or situations that could question your parental fitness.
  
• Show evidence of a stable home environment.
  

Conclusion

Understanding child custody laws in Nigeria can help you navigate the divorce process more effectively. If you need legal assistance in securing custody or negotiating a co-parenting arrangement, Unbound connects you with experienced family lawyers who can guide you through the process.

Visit our website today to get started!