JURISPRUDENCE

Child custody after divorce

In the Nigerian society, divorce is an aberration based on cultural and religious standards and few people like to talk about it. But it is a fact of life and has several legal implications and cannot be waved aside because when it inevitably happens, there are many issues involved; who keeps the child? What happens to the jointly owned properties and money? Can they retain the same surnames?

If not well handled, such issues can lead to serious damage and crisis on all parties involved. When a couple with a child separates, the court has the power to determine which of the child’s parents would be given the right to care and maintenance of the child. This right is referred to as custody.

In exercising this discretion, the court primarily considers the interest of the child; age and gender of the child because generally, very young children are usually left in the care of their mothers. But in circumstances where it would not serve the interest of the child to do so, the court will decide otherwise, welfare of the child as anyone seeking custody of a child is required to set out the proposed arrangement for the welfare and upkeep of the child.

The fact that one parent is in a better financial position than the other does not guarantee custody. What the court considers is the sufficiency of the welfare arrangement proposed and not which arrangement exceeds the other.  The court will also consider the conduct and lifestyle of the parents.

If a child has already been in the custody of one of the parents for a considerable period of time, the court may order that custody remains with the parent already taking care of the child, in order to prevent any psychological harm that the change of custody might warrant to the child.  Also, the court may give the child the option of determining the parent he wish to stay with and for children born out of wedlock, the mother has a right to the custody of a child born out of wedlock to the exclusion of the natural father of the child.

There is also provision for joint custody with both parents sharing the responsibility and authority with respect to the child.  Usually this would involve the child being rotated between both parents for an agreed period of time and each parent would enjoy the privilege to visit. Before an order for joint custody is made, the court must ensure that the parents would cooperate with each other, otherwise, it would be an order in futility.

ALSO READ: Accident claims life of UNIMAID Professor

Tags: child custody divorce

Recent Posts

  • Columns

Al-Khiyanah (Betrayal of trust) in Islam

Among the diseases that destroy the heart, the family, the business, and the entire society,…

November 13, 2026
  • Latest News

Nigeria’s climate commitments must deliver health security

AS world leaders gather in Antalya, Türkiye, for the 31st Conference of the Parties (COP31)…

November 13, 2026
  • Eye of Islam

2027 Hajj: Saudi Arabia secures 1.3m beds, approves 4,000 designated buildings for pilgrims

As part of early preparations for the forthcoming 2027 Hajj season, authorities of the Kingdom…

November 13, 2026
  • Opinions

Addressing insecurity in Nigeria

INSECURITY in Nigeria is one the country’s major challenges. It refers to threats to the…

November 13, 2026
  • Eye of Islam

Foundation hands over ambulances to Abuja communities for funeral

An Abuja-based Foundation, Islamic Funeral Assistance Foundation, last Saturday, at the Abuja National Mosque handed…

November 13, 2026
  • Politics

Former Oyo East PDP chieftain defects to APC

Chief Raheem Lukman Ariyo, a former chieftain of the Peoples Democratic Party (PDP) and Allied…

November 13, 2026

This website uses cookies.