However, in the light of customary laws and statutory provisions relating to the custody of a child, albeit not stricto sensu dealing with the custody of a child born out of wedlock, such conclusion cannot stand the judicial test. +234 803 262 2359 However, under the Matrimonial Causes Act, Section 69 defines children of the marriage for the purpose of custody to include: We will also look at some scenarios where the father might be awarded custody instead of the mother. Both the girl and the guy lay claim to the custody of the child. Where in the opinion of the court, neither of the parties to the marriage is afit and proper person to have the custody of the child. Although pursued more frequently recently, fathers are usually better off pursuing a more definitive judgment before two years have passed. 3052 0 obj <> endobj 3070 0 obj <>/Filter/FlateDecode/ID[<30CAE4378F7545348FE17057FFF5CAF2>]/Index[3052 31]/Info 3051 0 R/Length 87/Prev 493248/Root 3053 0 R/Size 3083/Type/XRef/W[1 2 1]>>stream Worked 6 years as a relationship development trainer. You cannot claim that it falls within the ambit of the Matrimonial Causes Act, in which case, the law has answered the question as to who has custody of a child born out of wedlock. 0000001790 00000 n Custodial interference One of the restrictions of the full testamentary power of a Testator is found in Section 2 of the Wills Law of Lagos State which states as follows: Notwithstanding the provision of Section 1 of this Law where a person dies and is survived by any of the following persons , (a) the wife or wives or husband of the deceased; and. The court is not entitled to prejudge which party will have custody before considering the interest of the child. When you need the assistance of an experienced family law attorney in central Illinois, call Pioletti Pioletti & Nichols. Generally speaking, in most jurisdictions, when a child is born to unmarried parents, the mother has sole custody rights until paternity is established. The aim is to educate, inform and enlighten. Nigerian Law Publication LTD.[NWLR.] F L O R I D A H O U S E O F R E P R E S E N T A T I V E S If he is not married to the childs mother, he can still establish paternity and gain visitation and custody rights. The primary consideration is the welfare of the child. Consent is the second way a man can establish paternity in Illinois. 11. In Nigeria, children born out of wedlock are considered to be the sole legal responsibility of their mother. Web106. If paternity is established, both parents have equal rights to custody over the child and must make decisions together regarding legal matters, physical placement, and parenting time. In the United States, there is no presumption of paternity of the father for children born out of wedlock. Also, the party who is in a better position to offer the child good accommodation may be preferred. It shows that children all over the world whether born within or outside wedlock have inalienable rights which must be protected. ? Most times in our society the solution to our vagaries of challenges may be around us but hardly do we know them. In order for the father to seek legal custody or visitation rights, he must first establish paternity of the child. (2) In this section reasonable financial provision in the case of an application made by virtue of Subsection (1)(a) of the Section by the husband or wife or wives of the deceased (except where the marriage with the deceased was subject of a decree of judicial separation in accordance with any customary law and at the date of the death the decree was in force and the separation was continuing, means such financial provision as it would be reasonable in all circumstances of the case for husband or wife or wives to receive, whether or not that provision is required for his or her maintenance. We are happy you enjoyed it. 0000020771 00000 n Written by Family Law unit of the Resolution Law Firm, Ikeja, Lagos Office: Second Floor, Alphon House, N0 50/52, Toyin Street, Ikeja, Lagos, Nigeria, Lekki, Lagos Office: 3rd Floor, Lennox Mall, Plots 2/3, Admiralty Way, Lekki Phase 1, Lagos, Nigeria, Abuja Office: No 8, Lake Chad Crescent, Maitama, Abuja, Nigeria, on CHILD CUSTODY AFTER DIVORCE AND CHILD MAINTENANCE IN NIGERIA, PROCEDURE TO OBTAIN A POLICE CLEARANCE CERTIFICATE IN NIGERIA, REGISTRATION OF CAPITAL MARKET OPERATORS IN NIGERIA, NCC issues guidelines on national roaming, infrastructure sharing, 12 KEY FACTS ABOUT OPENING A COMPANY & BANK ACCOUNT IN NIGERIA, STARTUP ADVISORY & STARTUP SOLICITORS IN NIGERIA. The child's best interest should be the primary consideration at all times irrespective of how spouses feel. The legal status of children born out of wedlock in Nigeria: is the When a person dies leaving behind property by whatever name described, he or she either dies testate in that he or she made a Will by which he or she disposes of his or her property or he or she dies intestate in that he or she made no Will or the Will he or she made is invalid for any reason recognized by the law. Without an order of the court, a child cannot be taken away from his or her mother without the mothers consent. From the foregoing, dependants can also bring an action to contest the provisions of a Will that did not make provisions for them. Ultimately, deciding who will have custody of children out of wedlock is up to the courts discretion and can be highly fact specific. Intestate Succession in Nigeria: What is the Status of Children Custody/Rights of a Child Born Outside Wedlock - PressReader Medical and Psychological Factors Email us through [email protected] and [email protected] or text 07067102097] CUSTOMARY LAW:- Native Law and (3) An application under this section shall be exercisable only within a period of six months from the grant of the Probate.