Guidelines for the award of custody in Nigeria

There are guidelines for the award of child custody in Nigeria. As in many other countries, the award of custody in divorce matters is guided by various legal and cultural considerations.  The Matrimonial Causes Act is one of the primary laws governing divorce and custody matters in Nigeria.

Here are some general guidelines for the award of custody in divorce matters in Nigeria:

1. Best Interests of the Child: The overarching principle in custody decisions is the best interests of the child. The court will consider what arrangement will promote the child’s welfare, happiness, and development. This takes precedence over every other condition.
2. Age and Preferences of the Child: The court may consider the age, maturity, and preferences of the child, especially if the child is older and capable of expressing their wishes. The court is more likely to take a child’s preference into account if they are of a suitable age and maturity, particularly if the child is old enough to express a reasonable opinion.
3. Parental Fitness: The court will assess the fitness of each parent to provide care and support for the child. Factors such as physical and mental health, financial stability, and the ability to provide a stable and loving environment are taken into consideration. The court will also consider factors like drug or alcohol abuse, mental health, and any history of violence or abuse. Cases involving domestic violence or abuse may affect custody decisions. The court will prioritize the safety and well-being of the child when making such determinations
4. Stability and living arrangements: The court may favour arrangements that provide stability in the child’s life, which can include maintaining the child’s current living arrangements and school. The court will assess the child’s living conditions, access to education, healthcare, and a supportive environment.
5. Care and Attention: The parent who has been the primary caregiver and provided most of the child’s care and attention may be more likely to receive custody.
6. Financial Capacity: The financial ability of each parent to meet the child’s needs, including food, clothing, shelter, education, and healthcare, is considered.
7. Moral and Religious Considerations: The court may evaluate the moral and religious values of each parent, with a focus on the impact of these values on the child’s upbringing.
8. Mediation and Alternative Dispute Resolution: In some cases, parents may be encouraged to try mediation or alternative dispute resolution methods to reach a mutually acceptable custody arrangement without resorting to a court decision.

It is essential to work with a family lawyer who is experienced in Nigerian family law to guide you through the divorce and custody process.

We provide family law services

CONTACT US via telephone call or whatsapp on 0708 424 1826 or send an email to info@thejubileelegal.com