As a Legal Practitioner, I have done a number of divorce cases, and it is not true that the Court always award custody to the father.
It is not true.
Child custody disputes is very sensitive and emotionally charged, and especially based on the fact that the outcome can have a significant impact on the lives of both the parents and the child.
Firstly, it is important to understand that in Nigeria, custody disputes are determined based on what is in the best interests of the child. The court will consider factors such as the child’s age, gender, health, and educational needs, as well as the ability of each parent to provide for the child’s physical, emotional, and psychological needs.
Very important is the facts and evidence provided before the Court to show that a particular parent is best suited to take care of a child.
It is also important in considering cases of custody where parents are separated and the child of the marriage is of tender age, it is presumed that the child will be happier with the mother and no order will be made against this presumption unless it is abundantly clear that the contrary is the situation for example immorality of the mother, infectious disease on the mother, insanity or her cruelty to the child. See Odogwu Vs Odogwu (Supra); Ojo Vs Ojo (Supra) and Tabansi Vs Tabansi
Although, under many systems of customary law in Nigeria the father of a child has absolute right to custody of the child. However customary law recognises that such will not be enforced where it will be detrimental to the welfare of the child
This means that even under customary law, the only proper manner in which the custody of a child under customary law can be determined is by specifically taking evidence to establish what is in the best interest and welfare of the child.” OKWUEZE v. OKWUEZE (1989) LPELR-2539(SC) Per MUHAMMADU LAWAL UWAIS, JSC (Pp 14 – 14 Paras A – B)
The Court can give custody to a parent and give right of access to another.
The Court may further order that the father shall pay to the mother towards the maintenance of the child such weekly or other periodical sum as the Court, having regard to the means of the father, may think reasonable. Once, the Court makes an order for maintenance, then there are numerous ways to make sure an unwilling parent make such payment.
Opatola Victor Esq.
07069687425
