Child custody is a legal matter that is influenced by a number of laws, such as the Matrimonial Causes Act, the Child Rights Act etc. The welfare of the kid, which includes aspects like the child’s physical, emotional, intellectual, and moral well-being, is the main concern in child custody disputes in Nigeria and particularly in Rivers State.
Read:CHILD RIGHTS IN NIGERIA
In this article we are going to focus our attention on Child Custody procedure in Rivers State. The procedure maybe the same with other states but with slight variations. The Child Rights Act in Nigeria have been domesticated by various States. Our focus will be solely on the Rivers State Child Rights Law No. 6 of 2022 which is slightly different from Child Rights Act 2003.
There are different custody that can be granted and they include but not limited to
- Sole Custody
- Joint Custody
- Legal Custody or Third-party custody
- Split Custody: this form divides custody when there is more than one child, with each parent getting custody of one or more children.
- Visitation Rights: where non-custodial parents get the right to visit the children or child periodically.
Read also:PROCEDURE FOR CHILD CUSTODY IN NIGERIA.
In child custody proceeding, the court consider the best interest of the child which includes Emotional needs, Moral needs, financial needs, educational needs and Health Needs of the child in question. Another consideration is Parental Responsibility and Availability, History of Child Care, Child’s Opinion if the child is more than 10 years, the court may give consideration to his or her opinion.
The child’s viewpoint might be taken into consideration if they are old enough. Although the court makes sure that the option is in the best interests of the child, children older than ten or twelve may express a preference.
The custody proceeding and requirements can be found in sections 69 – 82 of the Rivers State Child Rights Law No. 6 of 2022.
Read: THE DUTIES AND ROLE OF A LAWYER IN NIGERIA
In filing for custody of a child in Rivers State, there is a dedicated court for that which is called the Family Court. The process of proceeding in the court is fast. It is advisable to engage the services of a lawyer as a layman might not be able to navigate his or her way through the process.
