My son is 5 years old and presently live with her mum .She packed away last week and absconded with my son to her sister place .I find out he have not been going to school .Even his mum doesn't have a source of livelihood .

I thought she packed to her dad house but shame will not allow her do that. Her dad called her yesterday when i went to say hi to my son that I was around to see my son .So,I was asked to go to her sister street to meet my son .

I already got a lawyer to talk to so I can get my son back.The lawyer told me to go to police station to put up statement so that they can call her so she will not run away with my son .The officer in charge at the station told me tonight that I shouldn't have come to the police station and she directed me to the nearest customary court which I will go on Monday. The police woman told me I can't get my son until he is 6 which will be next year May but advised me to go there so they can just serve her a letter to scare her .

I actually read on Google yesterday that if a woman is unfit ,the father will be in custody of the child though they will allow the mum access to the child but i dont know if this can play out since my son is just 5 years old .

My fear is my son will be out of school this term and this is not good for a boy who is innocent .

Bros the thing no go easy ohhh at all. But try sha good luck

Your post says a lot but still says nothing. Are you married to this woman? Upon what circumstances did she leave? Do you have evidence this is your son?
If you don't have answers to these questions, forget about it. No court will grant you custody. Certainly not alone.

You say she is unfit. So long as it is not mental, the highest the court can do is grant you joint custody and also make you pay her money for child support.

you can file for sole custody on the basis of the mother not financially stable to take care of the child but you might not get it because the child is too young...so it will be co-parenting..you bring funds and you can VISIT while the child stays with the mum...sole custody is 100% possible if the mother of the child is mentally unstable,drug addict or pose a threat to the child's well being...


NB...this has nothing to do with whether you are married or not...just prove that the child is yours if necessary


dogalmighty17

Dogalmighty17:
Your post says a lot but still says nothing. Are you married to this woman? Upon what circumstances did she leave? Do you have evidence this is your son?
If you don't have answers to these questions, forget about it. No court will grant you custody. Certainly not alone.

You say she is unfit. So long as it is not mental, the highest the court can do is grant you joint custody and also make you pay her money for child support.

Check my previous posts

The unfit is usually mental and health challenges and not means of livelihood. I am no lawyer though but from the few cases I have seen, if the wife has no means of taking care of the child, you are to send money monthly for the child's upkeep. There is this popular actor in same shoe... He couldn't win the case in the court.

Enskynelson:
The unfit is usually mental and health challenges and not means of livelihood. I am no lawyer though but from the few cases I have seen, if the wife has no means of taking care of the child, you are to send money monthly for the child's upkeep. There is this populate actor in same show... He couldn't win the case in the court.

If that's the case ,ain't sending a dime cos I want my son.i prefer his mum to come back with him but there will sure be gap between me and her ...

breakthrough22:


If that's the case ,ain't sending a dime cos I want my son.i prefer his mum to come back with him but there will sure be gap between me and her ...

https://guardian.ng/life/kalu-ikeagwu-seeks-custody-of-children-and-divorce-from-wife/

Read for more insight

breakthrough22:
If that's the case ,ain't sending a dime cos I want my son.i prefer his mum to come back with him but there will sure be gap between me and her ...

You cannot force her to do what she doesn't want to do. Also, if you refuse, you might be charged as having abandoned your family and that is a crime.

breakthrough22:


If that's the case ,ain't sending a dime cos I want my son.i prefer his mum to come back with him but there will sure be gap between me and her ...

If any of you two takes it up and it ends up in court, you will pay for your son's upkeep likewise his school fees. That your wife is not going to continue to live under the same roof with you, does not give you the right to cease paternal responsibility towards the child you both share

Watch some episodes on estranged husband and wife, baby daddy and babymama cases aired on Justice Court under Lagos State Jurisdiction to have a clue, what judgement will be like.

As a law graduate, I can tell you that it's not always best to involve the courts when it comes to your child or children because it'll only affects them more than it affects you the parents.

The last thing a child needs is to see his or her parents fighting through the courts over him or her because the child loves the both of you and wouldn't want to take sides... If the mother was negligent and the child's life was in danger, then I'd understand that you'd be trying to protect him from harm.

And please, don't let your anger towards your wife make you to use your child to get back at her.

But what I can advice is that you should get a mediator who'll help you and your wife to sit down and reach an agreement outside of the courts as to how are you guys going to coparent the child... Make sure that the mediator is not someone that you guys know on a personal level or closely related to as to avoid him or her being biased and judging the situation based on emotions.

You can send your wife some money for the child's upkeep so that she can be able to enroll him to the nearest school and then use the remaining amount to look after the child, she should also allow you to see him when you want to as to maintain the relationship between you and him and strengthen your bond... If you suspect that she may use the remaining amount on herself, ask that she sends you all the pay slips to ensure that all the money you sent is only used to cater for your child's needs.

Or you can agree that you'll directly pay the child's school fees into the school's account, take your child on weekends and buy him whatever he needs when you're with him during the weekends.

I hope you find this helpful.

breakthrough22:
My son is 5 years old and presently live with her mum .She packed away last week and absconded with my son to her sister place .I find out he have not been going to school .Even his mum doesn't have a source of livelihood .

I thought she packed to her dad house but shame will not allow her do that. Her dad called her yesterday when i went to say hi to my son that I was around to see my son .So,I was asked to go to her sister street to meet my son .

I already got a lawyer to talk to so I can get my son back.The lawyer told me to go to police station to put up statement so that they can call her so she will not run away with my son .The officer in charge at the station told me tonight that I shouldn't have come to the police station and she directed me to the nearest customary court which I will go on Monday. The police woman told me I can't get my son until he is 6 which will be next year May but advised me to go there so they can just serve her a letter to scare her .

I actually read on Google yesterday that if a woman is unfit ,the father will be in custody of the child though they will allow the mum access to the child but i dont know if this can play out since my son is just 5 years old .

My fear is my son will be out of school this term and this is not good for a boy who is innocent .

When you say a woman is unfit, are you referring to being a disable woman, insane or out of job

I think you need to handle this issue with mutual discussion and understanding

What exactly is the problem why she packed out

You never mentioned that

A woman will keep taking her child anywhere she goes because you are free to meet and pregnant another woman

Both of you need to talk things out and if you think you are no longer interested in her that's why you want to have the child

Well I doubt if the court will grant that

breakthrough22:
My son is 5 years old and presently live with her mum .She packed away last week and absconded with my son to her sister place .I find out he have not been going to school .Even his mum doesn't have a source of livelihood .

I thought she packed to her dad house but shame will not allow her do that. Her dad called her yesterday when i went to say hi to my son that I was around to see my son .So,I was asked to go to her sister street to meet my son .

I already got a lawyer to talk to so I can get my son back.The lawyer told me to go to police station to put up statement so that they can call her so she will not run away with my son .The officer in charge at the station told me tonight that I shouldn't have come to the police station and she directed me to the nearest customary court which I will go on Monday. The police woman told me I can't get my son until he is 6 which will be next year May but advised me to go there so they can just serve her a letter to scare her .

I actually read on Google yesterday that if a woman is unfit ,the father will be in custody of the child though they will allow the mum access to the child but i dont know if this can play out since my son is just 5 years old .

My fear is my son will be out of school this term and this is not good for a boy who is innocent .

Go back to the police station and ask for the family or Gender unit, they are the ones trained to handle such matters. If they don't have one at that station, ask which station closest that has one.

You may not get full custody but you will both discuss how to work in the best interest of your child.

If you have been abusing her physically I will advise you not to make any steps before you end up in custody.