So, one of my distance cousin, a Yoruba guy impregnated an Igbo lady and she gave birth to a boy. He doesn't want to marry the lady bit want his son but the lady's family are laying claim on the child that the child doesn't belong to him since he doesn't want to marry their daughter.

I understand that it is their culture but the constitution agreed that the child belong to the biological father, he is planning to take them to Court. I want to have ideas of what can be the outcome at the court.

I understand that it is their culture but the constitution agreed that the child belong to the biological father, he is planning to take them to Court. I want to have ideas of what can be the outcome at the court.

I know it's you actually.

First, what constitution when you are not legally married?

And at what age of the child are you returning to lay claims on the child?

but why impregnating a lady he knew that he can never be able to get married to ?
am not a lawyer but constitutionally he may win in the law court, but traditionally he could lose totally, depending on the type of family the lady come from, therefore dialogue is the best option.

Wetin consign me with their culture , my pikin na my pikin , they should hold their nonsense culture

Which court.??..them no go answer you and court .....and nothing go happen....

They are telling codedly.."shebi our daughter is only good for snacking & baby making but not good for marriage abi??

Na ur punishment be that.....even seff..Dem fit give the kid their family name or the name of new husband the girl go marry...

Pele...u go dey alright

he just wanna waste his money! until that boy clock 180yrs. b4 he can decide where to stay,!

smileyoo:
but why impregnating a lady he knew that he can never be able to get married to ?
am not a lawyer but constitutionally he may win in the law court, but traditionally he could lose totally, depending on the type of family the lady come from, therefore dialogue is the best option.

Nigeria is govern with constitution and not traditions...

muyico:
he just wanna waste his money! until that boy clock 180yrs. b4 he can decide where to stay,!

They want to give the boy their family name, trying to denying him his right to the boy as his biological father

chatinent:


I know it's you actually.

First, what constitution when you are not legally married?

The marriage part as nothing to do with the Constitution. Court will order him to pay for the child upkeep and I believe once the child is 7 or so, he can have almost full custody unless he signs his right over.

advanceDNA:
Which court.??..them no go answer you and court .....and nothing go happen....

They are telling codedly.."shebi our daughter is only good for snacking & baby making but not good for marriage abi??

Na ur punishment be that.....even seff..Dem fit give the kid their family name or the name of new husband the girl go marry...

Pele...u go dey alright

It's a crime under the law if they do so. They might be jailed for it depending on what charges the prosecutor can put them in. Someone like me can sue them and new husband for kidnapping, conduct likely among others.

dlawsamesq007:


Nigeria is govern with constitution and not traditions...

He can't even win by constitution.....judges apply fairness and biasness many times in judgemrnt...

U fvck girl, u say u nor marry, but u want custody of the kid..see wizardry

....I pray the judge is a woman....he will lose custody and be told to pay monthly upkeep he's not paying now according to current inflations figures ..

Just that his son might get to have his name..



Only God knows if the son is his seff.....all this women of nowadays...

Oracleee:


It's a crime under the law if they do so. They might be jailed for it depending on what charges the prosecutor can put them in. Someone like me can sue them and new husband for kidnapping, conduct likely among others.

Lol.......I have seen many cases of court summons with no answer and nothing happened...... No be Nigeria again?? The land of many laws but no proper enforcement

Op read Section 69 of the Child Rights Act.


You will know how best to handle it

advanceDNA:


Lol.......I have seen many cases of court summons with no answer and nothing happened...... No be Nigeria again?? The land of many laws but no proper enforcement

He should get a good lawyer. As long as they summon them and his lawyer is good, failure to appear will bring them to comtempt and they might be jailed up to a 100 days or so.

advanceDNA:


He can't even win by constitution.....judges apply fairness and biasness many times in judgemrnt...

U fvck girl, u say u nor marry, but u want custody of the kid..see wizardry

....I pray the judge is a woman....he will lose custody and be told to pay monthly upkeep he's not paying now according to current inflations figures ..

Just that his son might get to have his name..



Only God knows if the son is his seff.....all this women of nowadays...

You don't even know judges are answerable? And every judgement they give is always checked by an higher authority? Lol she swore to uphold the law. Getting a lady pregnant is not against the law, child abandonment is the issue. So even if Mama gee na the lawyer and she see anyhow, the guy will go court of appeal and even write against the judge. She might end up vacating her seat or even severe consequences.

Oracleee:


You don't even know judges are answerable? And every judgement they give is always checked by an higher authority? Lol she swore to uphold the law. Getting a lady pregnant is not against the law, child abandonment is the issue. So even if Mama gee na the lawyer and she see anyhow, the guy will go court of appeal and even write against the judge. She might end up vacating her seat or even severe consequences.

U don't know what u are saying...judges apply discretion and biase all the time in judgement.

...bobrisky was thrown in prison with the maximum sentence applied, just because the nigga is an irritating cross dresser we all don't like.

He's a first time offender ...maximum sentence should not apply for first time offender on a case like that...it's nit like he killed or raped someone
...its should be a simple misdemeanor at worst....

But the judge discretionally applied the condition that she wanted to teach others a lesson......

dlawsamesq007:
So, one of my distance cousin, a Yoruba guy impregnated an Igbo lady and she gave birth to a boy. He doesn't want to marry the lady bit want his son but the lady's family are laying claim on the child that the child doesn't belong to him since he doesn't want to marry their daughter.

I understand that it is their culture but the constitution agreed that the child belong to the biological father, he is planning to take them to Court. I want to have ideas of what can be the outcome at the court.

the nerve of some people who think that they can go and take away a child from his/her mother, for no damn reason whatsoever... a child belongs to BOTH PARENTS (whether married or not) and a father has NO RIGHT to take away a child from his mother, just because he feels like it. if the mother raised the child since childbirth and she did a great job, then why change that?! if you wanna change that then you can COMMUNICATE with mother or go to court to ask for full custody, as no mother in her right mind would just give her child away like that, just because thats what the man who impregnated her (and decide not to marry her) wants. most court will allow the child to stay with mother, unless the mother is not capable of raising the child properly.

advanceDNA:


U don't know what u are saying...judges apply discretion and biase all the time in judgement.

...bobrisky was thrown in prison with the maximum sentence applied, just because the nigga is an irritating cross dresser we all don't like.

He's a first time offender ...maximum sentence should not apply for first time offender on a case like that...it's nit like he killed or raped someone
...its should be a simple misdemeanor at worst....

But the judge discretionally applied the condition that she wanted to teach others a lesson......

Discretion is different than going against the judiciary code of conduct. Reference to state vs Abdul, he was remanded for armed robbery for like two years. Dude was a bit over 17 from his looks but his file read 22 I guess error of parallax or so. After the back and forth and guilty plea, an high Court judge sentenced him to two years in prison and reference to time served. Dude robbed a woman with a biro as weapon or so. alas, armed robbery. That was discretion the judge used, but still under the law. Another case is one published here on nairaland about one dude sentenced to over 300 years for drug related offences. That was also discretion but within the law as the guy jumped bail once and ran away.

There is always a maximum sentence and a minimum which judges can't do above or below. Bobrisky sentence was within the criminal code of conduct for such offence.


The case here is civil, and the fact he didn't marry the lady is not an argument. Unless she claim rape which is one of the hardest to prove. Under section 69 of the child right, the father as right to his son regardless of marrying her min or divorcing and that right can't be taking from him. Any attempt to is infringing on his right which he can turn to a criminal case.


You can check the combined reading of Sections 2(1) & 114(1) of the matrimonial causes act.
The important point remains that the outcome of child custody disputes largely depends on the facts of each case as well as the evidence placed before the Court.

dlawsamesq007:


They want to give the boy their family name, trying to denying him his right to the boy as his biological father

Then do the proper thing and stop wasting every body s time

Legally and under the Nigerian laws, you will win in court to have a presence in your child's life for sure. Just don't over push the legal fight to damage future relationships with the child's mother family.

Oracleee:


Discretion is different than going against the judiciary code of conduct. .

Bobrisky case was a misdemeanor, and a first time offender...there was no reason for the judge to apply maximum sentence....

Dude ..u impregnate someone's daughter, said u ain't gonna marry her and u want them to award u custody.....as in on what grounds..

...No judge will give him custody...unless a corrupt one....this is the kinda case Judges use to roast men's arsè, especially when the judge is a woman......

dlawsamesq007:
So, one of my distance cousin, a Yoruba guy impregnated an Igbo lady and she gave birth to a boy. He doesn't want to marry the lady bit want his son but the lady's family are laying claim on the child that the child doesn't belong to him since he doesn't want to marry their daughter.

I understand that it is their culture but the constitution agreed that the child belong to the biological father, he is planning to take them to Court. I want to have ideas of what can be the outcome at the court.

court jurisdiction supersede any culture

He should sue them n have his son back

advanceDNA:
Which court.??..them no go answer you and court .....and nothing go happen....

They are telling codedly.."shebi our daughter is only good for snacking & baby making but not good for marriage abi??

Na ur punishment be that.....even seff..Dem fit give the kid their family name or the name of new husband the girl go marry...

Pele...u go dey alright

oga it’s a big lie

A judge in ondo state declared that culture as barbaric n gave the child to the father

Let me find d news for u

https://www.nairaland.com/7968127/akure-magistrate-judge-condemns-igbo#127908859

dlawsamesq007:
So, one of my distance cousin, a Yoruba guy impregnated an Igbo lady and she gave birth to a boy. He doesn't want to marry the lady bit want his son but the lady's family are laying claim on the child that the child doesn't belong to him since he doesn't want to marry their daughter.
I understand that it is their culture but the constitution agreed that the child belong to the biological father, he is planning to take them to Court. I want to have ideas of what can be the outcome at the court.

The son equally belongs to the woman. So what exactly is your friend planning to use the courts to accomplish here? Take the boy away from his mother? On what grounds? Better to work towards shared custody!

advanceDNA:


Bobrisky case was a misdemeanor, and a first time offender...there was no reason for the judge to apply maximum sentence....

Dude ..u impregnate someone's daughter, said u ain't gonna marry her and u want them to award u custody.....as in on what grounds..

...No judge will give him custody...unless a corrupt one....this is the kinda case Judges use to roast men's arsè, especially when the judge is a woman......

You still don't get it, it's about the rule of law not some sentiment from the judge. I could murder Mr x and it's evident I do, but all evidence points against it. The judge will definitely follow the rule of law not is emotions. That's why we have the Constitution. If I get a lady pregnant, so far I'm the father, I have the right over the child and even a right to custody depending on what is good for the child at the moment. If ops friend is doing fine and can afford child care expenses, let him go forward to court as long as the child is his, he might even sue for damages in place of emotional trauma of the child been kept away, and if his lawyer is good, the mistress might loose the child and her money. Though, she still has rights to the child. But then, on a flip side I believe op no get legal agreement of marrying the lady or so. Even at that, he is still the father. Rule of law is weird and wow

Sharpsharp00123:


https://www.nairaland.com/7968127/akure-magistrate-judge-condemns-igbo#127908859

I went through this.... The culture is just barbaric. More like two consenting adults fornicated and the man is taking the burn even though they don't have any marriage contract.

I like this part of Igbo culture Sha

Oracleee:


You still don't get it, it's about the rule of law not some sentiment from the judge.

U are not getting it either .....there is rule of law..there is technicalities, there is discretion and I have seen enough biases in judgement.....unless this nigga can prove his kid is being maltreated or not fed.....no judge will grant him custody....

Sharpsharp00123:
oga it’s a big lie

A judge in ondo state declared that culture as barbaric n gave the child to the father

Let me find d news for u

https://www.nairaland.com/7968127/akure-magistrate-judge-condemns-igbo#127908859

The case is not even the same....

This guy is not married to this lady .. he has never jointly cared for the child with the lady

He just got her pregnant, doesn't want to marry and wants to use court to take the child..... This is fvnny.... He will be chewed raw in court

dlawsamesq007:
So, one of my distance cousin, a Yoruba guy impregnated an Igbo lady and she gave birth to a boy. He doesn't want to marry the lady bit want his son but the lady's family are laying claim on the child that the child doesn't belong to him since he doesn't want to marry their daughter.

I understand that it is their culture but the constitution agreed that the child belong to the biological father, he is planning to take them to Court. I want to have ideas of what can be the outcome at the court.

Culture has nothing to do with legality, cultural practices is nu and void when it comes to child custody.

The Igbos have a cultural practices that only men share the properties of the family but supreme Court quashed it same as the culture of child custody.

No one has the rights to stop a father from joint custody wether he married the lady or not is immaterial, the law recognizes you as the father and you have right to joint custody of the child involved.

If the family does insist, take the mother to court and obtain joint custody order. This Igbo cultural practices isn't in tandem with section 1 sub section 3 of the 1999 constitution as amended and is therefore null and void and it's of no effect.

Take that legal stand now

Sharpsharp00123:
oga it’s a big lie
A judge in ondo state declared that culture as barbaric n gave the child to the father
Let me find d news for u
https://www.nairaland.com/7968127/akure-magistrate-judge-condemns-igbo#127908859

That's from a divorce case where the wife had remarried even before it all. Why do you feel the two can be compared?

smileyoo:
but why impregnating a lady he knew that he can never be able to get married to ?
am not a lawyer but constitutionally he may win in the law court, but traditionally he could lose totally, depending on the type of family the lady come from, therefore dialogue is the best option.

There is nothing like may.

Traditional custom has nothing to do with what is right or wrong in the sight of the law, those belief has been trashed over and over again. Precedents are available in court as regards this.

The man will will is a certainty.