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A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? - Family - Nairaland

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A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by malachytochukwu(m): 1:43am On Oct 04, 2014
My very close friend is a ghanian. In Nigeria, the husband is seen as having " more right" over the children than the wife. Hence we hear such thing as "to serve our fatherland" in Nigeria's national anthem. However, in Ghana, the reverse is the case. The wife is seen as "the owner" of the children. Their national anthem also talks of "motherland" instead of the fatherland obtainable in Nigeria's anthem. The question is: in a situation where a Nigerian man is married to a Ghanian lady, paraventure there is a problem in their marriage which eventually leads to divorce, who will have "more right" over the children? This is a real situation, so your comments and contributions will be highly appreciated. Ghanians in the house should also say something from their own perspective please. Thank you.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by JiggamanGh: 1:54am On Oct 04, 2014
malachytochukwu: My very close friend is a ghanian. In Nigeria, the husband is seen as having " more right" over the children than the wife. Hence we hear such thing as "to serve our fatherland" in Nigeria's national anthem. However, in Ghana, the reverse is the case. The wife is seen as "the owner" of the children. Their national anthem also talks of "motherland" instead of the fatherland obtainable in Nigeria's anthem. The question is: in a situation where a Nigerian man is married to a Ghanian lady, paraventure there is a problem in their marriage which eventually leads to divorce, who will have "more right" over the children? This is a real situation, so your comments and contributions will be highly appreciated. Ghanians in the house should also say something from their own perspective please. Thank you.

Depends on what country they are in, and in Ghana it is only the akans that practice the matrineal descent system. The mother will only get the child if the case goes to akan chief or king and i only see such cases in village setting. In a city setting, the courts and judge decides the case and the child will go to the more resourceful parent. I believe the same system will apply in Nigeria should the case be held in a court.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by drealnamdy(m): 1:56am On Oct 04, 2014
Tor...this one na gbese!! Who send am go ghana go marry in the first place...the court shld this issue out in the best possible way...
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by jeffizy(m): 2:04am On Oct 04, 2014
JiggamanGh:

Depends on what country they are in, and in Ghana it is only the akans that practice the matrineal descent system. The mother will only get the child if the case goes to akan chief or king and i only see such cases in village setting. In a city setting, the courts and judge decides the case and the child will go to the more resourceful parent. I believe the same system will apply in Nigeria should the case be held in a court.
Educative.

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Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by Nutase: 4:55am On Oct 04, 2014
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by malachytochukwu(m): 10:30am On Oct 04, 2014
JiggamanGh:


Depends on what country they are in, and in Ghana it is only the akans that practice the matrineal descent system. The mother will only get the child if the case goes to akan chief or king and i only see such cases in village setting. In a city setting, the courts and judge decides the case and the child will go to the more resourceful parent. I believe the same system will apply in Nigeria should the case be held in a court.
Its true, however there was a case where both parents are Ghanaians, the court ruled in favour of the wife but because the husband is more endowed the child refused to go with the mother and based on that ground the man was allowed to take care of the child. This was not in a village setting though.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by Nobody: 10:34am On Oct 04, 2014
Firstly you use family law not the national anthem to determine parental rights and obligations.
The law of the country in which they concluded their marriage in will determine what happens in the case of divorce.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by Nobody: 10:52am On Oct 04, 2014
drealnamdy:
Tor...this one na gbese!! Who send am go ghana go marry in the first place
cant you marry a ghanian? undecided
They haven't divorced.
The post says "paradventure" they divorce.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by IloveGH: 11:40am On Oct 04, 2014
malachytochukwu:
My very close friend is a ghanian. In Nigeria, the husband is seen as having " more right" over the children than the wife. Hence we hear such thing as "to serve our fatherland" in Nigeria's national anthem. However, in Ghana, the reverse is the case. The wife is seen as "the owner" of the children. Their national anthem also talks of "motherland" instead of the fatherland obtainable in Nigeria's anthem. The question is: in a situation where a Nigerian man is married to a Ghanian lady, paraventure there is a problem in their marriage which eventually leads to divorce, who will have "more right" over the children? This is a real situation, so your comments and contributions will be highly appreciated. Ghanians in the house should also say something from their own perspective please. Thank you.

If you had asked your Ghanaian friend, he/she would have told you that the bolded is inaccurate.

First of all, the Ghanaian anthem doesn’t have motherland in it….. and both motherland and fatherland mean the same thing, ‘homeland’. Saying one or the other has nothing to do with a country, but the individual’s preference.

Secondly, not all Ghanaians practice matrilineal system. Only the Akans do. Not even all the Akans, and it’s only for inheritance purposes, and not who has right or owns the child. It is still the father who names the children not the mother, and the children bare their father’s last name, not their mother’s. In addition, the father is supposed to name the child after his family member (for example, his mom, dad, uncle, auntie, brother, sister, etc.) and the woman has no say whatsoever. So as you can see, the system is still very much patriarchal, as the man still has more power over the woman.

In case there is a divorce, it’s not different from a patrilineal system. Younger children tend to stay with the mothers most of the time, while some fathers usually take the older children. If there is a disagreement, they can battle it out in court for a judge to decide.

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Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by IloveGH: 11:58am On Oct 04, 2014
malachytochukwu:
Its true, however there was a case where both parents are Ghanaians, the court ruled in favour of the wife but because the husband is more endowed the child refused to go with the mother and based on that ground the man was allowed to take care of the child. This was not in a village setting though.

You are still generalizing. Not all Ghanaians practice matrilineal system, and the couple you are talking about may not even be Akans. The woman getting custody has nothing to do with having power over the man.

Even here in Canada, a judge will consider the mother first, unless she is unfit, before the child would be given to the father. I have a female Yoruba friend who has a child with a Jamaican guy. They went to court and she was given custody of the child.

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Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by JiggamanGh: 2:19pm On Oct 04, 2014
IloveGH:


If you had asked your Ghanaian friend, he/she would have told you that the bolded is inaccurate.

First of all, the Ghanaian anthem doesn’t have motherland in it….. and both motherland and fatherland mean the same thing, ‘homeland’. Saying one or the other has nothing to do with a country, but the individual’s preference.

Secondly, not all Ghanaians practice matrilineal system. Only the Akans do. Not even all the Akans, and it’s only for inheritance purposes, and not who has right or owns the child. It is still the father who names the children not the mother, and the children bare their father’s last name, not their mother’s. In addition, the father is supposed to name the child after his family member (for example, his mom, dad, uncle, auntie, brother, sister, etc.) and the woman has no say whatsoever. So as you can see, the system is still very much patriarchal, as the man still has more power over the woman.

In case there is a divorce, it’s not different from a patrilineal system. Younger children tend to stay with the mothers most of the time, while some fathers usually take the older children. If there is a disagreement, they can battle it out in court for a judge to decide.

BTW, historically, the Akans use to practice patrilineal. The matrilineal system was later adopted so that in case a woman secretly has an affair and becomes pregnant, that child cannot inherit the husband’s property or chieftaincy title. As they say, only a woman knows the father of her child. The worst scenario would be, if another man impregnates the Ashanti king’s wife and the child grows up and becomes the king of Ashanti, LOLz! .... The matrilineal was therefore adopted so that property and title would be inherited by the female lineage. It's not about giving power or rights to the woman. The man still remains the head and the woman the tail grin

Thats not the reason why akans adopted the matrineal system. Back in the day the ashanti king had a problem and seek help from the gods, but the gods said in order for them to help him he must sacrifice a child from his family.

He went to his first wife to give him one of her sons but she said no, then went to second wife she also refused. He went to his sister and his sister agreed to give him her son and from that point on the King made a proclaimation that the king can only cone from the mom side of the family. Thats why till this date tou cant be a king even if your dad was king in most akan tribe. Since then wveryone in the tribe have been tracing their lineage through the mother.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by JiggamanGh: 2:24pm On Oct 04, 2014
IloveGH:


You are still generalizing. Not all Ghanaians practice matrilineal system, and the couple you are talking about may not even be Akans. The woman getting custody has nothing to do with having power over the man.

Even here in Canada, a judge will consider the mother first, unless she is unfit, before the child would be given to the father. I have a female Yoruba friend who has a child with a Jamaican guy. They went to court and she was given custody of the child.

Mothers will get custody of the child most of time unless she is unfit and sometimes the child will go to the primary care giver. For instance who watches the kid more, like in the case of harry berry and her ex husband. He was more of a stay at home dad.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by IloveGH: 5:56pm On Oct 04, 2014
JiggamanGh:


Thats not the reason why akans adopted the matrineal system. Back in the day the ashanti king had a problem and seek help from the gods, but the gods said in order for them to help him he must sacrifice a child from his family.

He went to his first wife to give him one of her sons but she said no, then went to second wife she also refused. He went to his sister and his sister agreed to give him her son and from that point on the King made a proclaimation that the king can only cone from the mom side of the family. Thats why till this date tou cant be a king even if your dad was king in most akan tribe. Since then wveryone in the tribe have been tracing their lineage through the mother.


Hmmmm? That’s an interesting story. I am not an Akan though, but I have done research on it from Akan folks, including Ashantis and what I learned was that, it was initially adopted to protect the chieftaincy title from going to a non-royal blood. And to achieve this, only children of the sisters should inherit the title. From that time onwards, most Akan tribes started tracing their lineage to their maternal side.

I must say your story doesn’t sit well with me, because I believe any African king can decide on which of his sons he wants to sacrifice without his wives preventing him? Also, why would the father of the sister’s son allow his child to be sacrificed while the king’s children are spared? This can never happen in a society where men dominate. The story sounds like one of the 'Kwaku Ananse stories' told to children, LOL!

BTW, if you can get me a link to read and learn about why Akans became matrilineal, I would love it. What I know for now is what I have been told. Would love to read about it.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by Nobody: 5:59pm On Oct 04, 2014
Nigerian women should start migrating to ghana Asap!

nigeria no favor women at all at all.

ghanians sabi take care of women too. very straight forward people.
very nice people.

as per topic, no idea

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Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by EfemenaXY: 6:03pm On Oct 04, 2014
Should depend on the laws of the country where the couple wedded legally.

The courts of that land should then decide who gets custody of the kids.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by IloveGH: 6:09pm On Oct 04, 2014
Chillisauce:
Nigerian women should start migrating to ghana Asap!

nigeria no favor women at all at all.

ghanians sabi take care of women too. very straight forward people.
very nice people.

as per topic, no idea

LOL!

You are right about the bolded, but the OP has no knowledge about Ghana. What he wrote is far from the truth.
Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by Nobody: 6:13pm On Oct 04, 2014
IloveGH:


LOL!

You are right about the bolded, but the OP has no knowledge about Ghana. What he wrote is far from the truth.

im very sure, takoradi is my second home wink

they are really nice. They know what courtesy is. even the ones that didnt go through high level education. And they very much respect women.

charlie

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Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by IloveGH: 6:17pm On Oct 04, 2014
Chillisauce:


im very sure, takoradi is my second home wink

they are really nice. They know what courtesy is. even the ones that didnt go through high level education. And they very much respect women.

charlie


That's true!

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Re: A Nigerian/ghanian Couple, Who Has The Children In Case Of Divorce? by TunjiMsp: 7:06pm On Oct 04, 2014
Na the one wey craze pass, that is sharply remove the children to an unknown location

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