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Posted By: |August 10, 2020 |

Factors The Court Would Consider In Granting An Order For Child Custody T0 A Parent

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Guided by the Child’s Right Act, 2003 and the Matrimonial Causes Act, the Courts, in deciding custody matters are usually more concerned with the welfare of the child as a whole and this includes: day-to- day care of the child, guardianship, moral upbringing, physical development and mental care, as well as advancement of education, to enable the child live a balanced life. Taking all the above into consideration, where a parent can afford to give a child a life of milk and honey and nothing more, does that alone entitle the parent to custody of the child? Does the welfare of a child not go beyond the financial capacity of a parent? Beyond providing for the child’s basic material needs, should such a parent not be investigated to ensure that he or she is capable of raising that child in a responsible manner?

The Best Interest and Welfare of the Child are the Guiding Factors

In the case of Alabi v. Alabi (2007) LPELR-CA/IL/2006, the Court of Appeal listed certain relevant factors that must be considered in the determination of the welfare of the child, and these include: (1) the degree of familiarity of the child with each of the parents; (2) the amount of affection the child has for each parent; (3) the respective incomes of the parties; (4) education of the child; (5) the fact that one of the parties now lives with a third party either as a man or woman; and (6) the fact that in the case of children of tender age, custody should normally be awarded to the mother unless other considerations make it undesirable.

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