The issue of custody of a child in Nigeria is paramount and well considered in divorce cases. Contrary to the general belief in line with various culture and tradition that a father is the sole owner or is entitled to the custody of the child of a marriage is not relevant in an issue of divorce. The only factor that will be considered by the court of law is the best interest of a child which will determined to a large extent who can have the custody of a child or children of the marriage in a divorce suit.
The mother on the other hand cannot claim custody of the children of a marriage in divorce suit just because she gave birth to them and not even on the ground of their gender, even though the court mostly put into consideration the ages of the children, that does not however make it automatic that a mother would have custody of a child in a divorce matter even if the children are still pretty young in age.
As earlier stated, the only factor that influences the decision of a judge is mainly what will be in the best interest of a child or children of the marriage and in considering this, the following has to determined amongst others:


1. The age of the child: this factor does not in any way connote that custody of the child must be automatically awarded to the mother even when they are still tender; other factors will also be considered alongside the ages of the children.

2. The living condition or situation of both parents: the resident of the parents will also be examined by the court, as a parent who put up with a friend or other relatives should not expect that he or she will be awarded the custody of the child. A reasonable accommodation is expected to be put in place especially for the safety and the comfort of the child.

3. The individual relationship of both parents with the child before the divorce: the child’s rapport with both parents before the divorce is also considered in an issue of custody, the essence of this is to the make sure that the child has both physiological and physical relationship with either of the parties. This in effect will give the child the freedom to relate and communicate his or her desires, pains, feelings and worries to either of the parent who eventually has the custody of the child.

4. The conduct of both parents: in granting custody of a child, the conduct which involves the previous behavior of both parents would be considered. This may also include the court taking into consideration struggles with one addiction or the other and previous response to the needs of the children.

It must however be understood that Children in divorce matters feel the impact more in any situation, as their fate basically lies in the decision of the court after the separation of their parents and this is majorly determined by the presentation of the respective lawyers to both parents.

Good

Insightful.