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How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? - Family (4) - Nairaland

Nairaland Forum / Nairaland / General / Family / How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? (17675 Views)

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Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Mrnairalandd: 7:49am On Sep 26, 2017
Legalaffairs:
There was no form of marriage between them, be it customary or statutory. Marriage in these two forms has its basic requirements. In customary, there must be a payment of dowry and formal hand over of the woman to the man by the woman's father. Statutorily, there must be a genuine agreement/consent of the two parties of the marriage age before the marriage registry backed by there witnesses as the marriage is contracted and registered. Here genuity of the consent is very important hence deception, and false representation can void the marriage ab initio (ie: seen as not contracted from day one)

In this scenerio there was no marriage in any form. The child belongs to the woman's family. Unless by culture and practice as exercised in certain quarters who don't harbour a "bastard" they will demand the man to come and take the child. Finally the child when he gets to what the law calls the age of discretion (adult age) she could make her choices of paternity or maternity.

The man has no claim in simple terms.

Here in Europe and Nigeria, the laws don't need all that. As long as the man is proven to be the child's father or his names appear on the birth certificate of the baby, that is all the father need to take away the child from the mother. In Europe, with a father name on the birth certificate, he could take the child away without any problem. If the mother of the child run to the police to complain, there is nothing they can do except what is called "WELFARE CHECK" at the father place.

The only option left for the mother of that child at that point is going to Court to file for custody and fight like men do in Court. She has 80% chances of winning the case if the child is still a baby.

In Nigeria, a child ll reside with his/her mum until age 8. The story changes after that....

Marriage certificate or dowry is useless when it comes to child case.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Adesolomon2014(m): 7:56am On Sep 26, 2017
@ op, so u were deaf or blind wen the guy was perpetrating all this so called evil or altitudes back then... i dnt believe ya story cus greed is wat kills u ladies of nowadays.
Well, u still cant deny the so called evil perpetrated ex of urs the right to see or connect wif his dauta and no court will grant wat u want except u av absolute proof plus i hope ur own parents are aware of ur intention and possibly give u full backing cus if not u gonna fight double battle.

n.b: if u are the one in this situation, all dis applies to u but if not i withdraw my comment/advice.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by boldndbeautiful(f): 7:57am On Sep 26, 2017
AdaNri1:
Let's wait for those that will come to pass judgement on the lady's character instead of answering poster's question.

If the girl is igbo from Anambra state then she has no problem. It is her father's child because the man (impregnator) did not pay bride price. He just a sperm donor. In my clan we say "ejiro nwa eme ogo" you don't give up a child as favour.

same with my home town, except the family of the girl have a handful of children. cool
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Adesolomon2014(m): 7:58am On Sep 26, 2017
op, so u were deaf or blind wen the guy was perpetrating all this so called evil or altitudes back then... i dnt believe ya story cus greed is wat kills u ladies of nowadays.
Well, u still cant deny the so called evil perpetrated ex of urs the right to see or connect wif his dauta and no court will grant wat u want except u av absolute proof plus i hope ur own parents are aware of ur intention and possibly give u full backing cus if not u gonna fight double battle.

n.b: if u are the one in this situation, all dis applies to u but if not i withdraw my comment/advice.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Adesolomon2014(m): 8:10am On Sep 26, 2017
Ajokecakes:
I guessed wen she asked d question..she directed it to lawyers and not senseless pple with no ideas...if u don't av anything to say...y nt keep mute...must u be heard?...My dear ...u can ask reasonable lawyers or better still go to a welfare home...ur questions will will attended to

Birds of a feather!
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Adesolomon2014(m): 8:12am On Sep 26, 2017
Analog95:
Did you just say the guy impregnate her deliberately? I think your statement would have been better off "the girl got pregnant for him deliberately" how can a guy impregnate her deliberately, was it without her consent? Did he remove her brain and keep somewhere while stripping her Unclad? How come was it after she got pregnant that she knew of his flaws? Abeg make una shift one side with your one sided story jo. No make me pour out my anger on una abeg.

Tank U fr d comment jhor...
One hell of a sided story.
Greedy ladies trying to be wise indeed
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Adesolomon2014(m): 8:14am On Sep 26, 2017
Muzanga:
If you are igbo then the child belongs to your father
Since the guy didnt pay bride price. In igbo land he cant try it sef. No bride price no pikin.

Assuming she is igbo, wouldn't she know this. Pls keep this ideology to the east abeg
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by AdaNri1(f): 8:36am On Sep 26, 2017
Klimaths:
like I said it cannot happen when am alive, anambra state or America state, I said I will kill all parties to the child , if the court can not grant me custody, it is not ranting in my tribe we don't leave our blood, even if I died my kinsmen will continued the fight . anambra or IMO or anybody , my blood is my life. Not when I am alive my child will bear your father's name, then maybe you or your father will not live to tell the story
lol grin you better make sure you don't impregnate an Igbo girl out of wedlock
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Evaberry(f): 8:36am On Sep 26, 2017
Mrnairalandd:



Are you for real?

It won't work anywhere in the world as long as the baby father is interested in his child.

If everybody or laws permit this, then most children would have been given to another father legally.

Cole work

@Op, tell your friend that she is only being manipulative and freaking selfish by making attempt to stop that child from building a relationship with her father. Every child deserves to be with their fathers regardless

If that new man accept such proposal from your friend, then, that tells you how wicked, selfish and callous the new man is.

A matured and God-fearing man ll advise your friend not to do that. He ll even try to see how your friend and her baby father could work something out. That alone ll tell your friend that the new man has got what it takes to lead a family.

On a lighter note, can we turn the table around to see how your selfish friend ll feel if that child is taken from her and given to another woman?

Women are bleeping evil of this world

Now, she cooked up a story to make the guy look bad so as to pave way to finalise her plan A. Tell her Cole work.

Let her return that child to her father except the dude in question is a drug addict(With evidence ooooo cos women can do anything to have their way)



did you actually read what I wrote?
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Best1708(f): 9:00am On Sep 26, 2017
Even if you drag this case to the court,they will ask you to wait till when the child will be 6 years old,there is nothing you can do cox once the child is 6 years of age,the father has the right to collect his daughter.Only on one condition, if the girl insisted on not following his father that is when your daughter can be with you.You can't force her to be in your custody since the father is not dead,my people will say you can only snatch a man's wife you can't snatch his children from him which is true.Before the guy start threatening to kill you and your fiance cox of his child,let him have his child if he wants to,you can't stop it. But always pray for your child.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Donald7610: 9:01am On Sep 26, 2017
cococandy:
Culture isn't always right
In fact it seldom is
Am not commending culture
I meant LAW
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by PrecisionFx(m): 9:54am On Sep 26, 2017
cococandy:
Culture isn't always right
In fact it seldom is


U just didn't get me. Listen now.

In igboland u can't lay any form of claim to a child u fathered outta wedlock.


Now if u know anything about customary laws n customary court, will will get me correctly.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by PrecisionFx(m): 9:56am On Sep 26, 2017
Mrnairalandd:


Here in Europe and Nigeria, the laws don't need all that. As long as the man is proven to be the child's father or his names appear on the birth certificate of the baby, that is all the father need to take away the child from the mother. In Europe, with a father name on the birth certificate, he could take the child away without any problem. If the mother of the child run to the police to complain, there is nothing they can do except what is called "WELFARE CHECK" at the father place.

The only option left for the mother of that child at that point is going to Court to file for custody and fight like men do in Court. She has 80% chances of winning the case if the child is still a baby.

In Nigeria, a child ll reside with his/her mum until age 8. The story changes after that....

Marriage certificate or dowry is useless when it comes to child case.


We have customary courts in nigeria.

This case will be decided by a customary court.

The man won't see the baby ooo, talk more of custody.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by albacete(m): 9:59am On Sep 26, 2017
A woman indeed!
When it's obvious it's you.

Withholding my advice.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by revolt(m): 10:07am On Sep 26, 2017
It's funny how convenient it is to say she wants full custody while the new husband becomes father (joke). How can you even take a daughter to another man as father. Ask most step daughters, that grew up under a foster dad. They were mostly abused.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by preciousuweh(m): 10:56am On Sep 26, 2017
Oyindidi:
They won't listen
.......why will they listen, when they are about to be taken to cloud nine cheesy grin
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by tablesturn: 11:22am On Sep 26, 2017
@shalomdee send me a DM. There is a way to legally solve this problem. I am a living example. 1st hand experience. No gimmicks
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Muzanga(f): 12:06pm On Sep 26, 2017
Adesolomon2014:


Assuming she is igbo, wouldn't she know this. Pls keep this ideology to the east abeg
who is this one? Taa gbafuo osiso! Did i mention you? Keep ur face in the bush!
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by MrRitchie: 12:15pm On Sep 26, 2017
Does that look or sounds like an advice to you? Some of you will just want to be noticed, stop answering questions with questions, if u don't have an advice to give move to the next topic, peace wink
alexistaiwo:

Did you miss the part where I asked her what will happen if and when her current guy leaves?
Half word is enough for the wise
Wisdom is profitable to direct
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by alexistaiwo: 12:27pm On Sep 26, 2017
MrRitchie:
Does that look or sounds like an advice to you? Some of you will just want to be noticed, stop answering questions with questions, if u don't have an advice to give move to the next topic, peace wink
My guy please I am not responsible for the economic recession.
Go pick on someone else
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by MrRitchie: 12:35pm On Sep 26, 2017
Recession doesn't have a space in my life lol, I think the recession has made u so bitter even to give a simple advice, u turn am to fight! Am done with u abeg.
alexistaiwo:

My guy please I am not responsible for the economic recession.
Go pick on someone else
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by alexistaiwo: 1:14pm On Sep 26, 2017
MrRitchie:
Recession doesn't have a space in my life lol, I think the recession has made u so bitter even to give a simple advice, u turn am to fight! Am done with u abeg.
You are dismissed
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by MrRitchie: 3:29pm On Sep 26, 2017
By who?
alexistaiwo:

You are dismissed
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Klimaths: 3:39pm On Sep 26, 2017
AdaNri1:
lol grin you better make sure you don't impregnate an Igbo girl out of wedlock
I have seen a handle of guys who have impregnated the so called anambra state girls and nothing happen. The kids all bear their names, like I said it can only if the guy is a zombie but not a south south guy like me. Come try that talk for Benin make you see watin go happen.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Klimaths: 3:45pm On Sep 26, 2017
PrecisionFx:



We have customary courts in nigeria.

This case will be decided by a customary court.

The man won't see the baby ooo, talk more of custody.
are you a lawyer , to know that customary court will give the child of another man to another man.

1 Like

Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by cococandy(f): 3:52pm On Sep 26, 2017
PrecisionFx:



U just didn't get me. Listen now.

In igboland u can't lay any form of claim to a child u fathered outta wedlock.


Now if u know anything about customary laws n customary court, will will get me correctly.
I got you clearly the first time

1 Like

Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by cococandy(f): 3:52pm On Sep 26, 2017
Donald7610:

Am not commending culture
I meant LAW
Yes. And the law isn't always right.

1 Like

Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by PrecisionFx(m): 4:45pm On Sep 26, 2017
Klimaths:
are you a lawyer , to know that customary court will give the child of another man to another man.


A customary court will enforce that the child remains with his mother because the man didn't pay the bride price.

The father is only allowed to have access to the child @ adulthood and that is if the child(now an adult agrees.
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by AdaNri1(f): 8:10pm On Sep 26, 2017
Klimaths:
I have seen a handle of guys who have impregnated the so called anambra state girls and nothing happen. The kids all bear their names, like I said it can only if the guy is a zombie but not a south south guy like me. Come try that talk for Benin make you see watin go happen.
I'm still laughing sha. That family did not give their daughters child to the men; the men must have married them to get those children
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Adesolomon2014(m): 9:55pm On Sep 26, 2017
Muzanga:
who is this one? Taa gbafuo osiso! Did i mention you? Keep ur face in the bush!

Taa!
U should have typed nothing because i don't understand what you wrote sef... I wonder what your educational background looks like...You had better revisit your 6-3-3-4.
#VillageGal
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by godofuck231: 10:58pm On Sep 26, 2017
Mrnairalandd:



Mr, Court doesn't work like that.

She must proved to the court with evidence that the father of that child is fit enough to look after his child

OK try baba farin
Re: How Do You Gain Complete Custody Of A Child Born Out Of Wedlock? by Saintdaprince(m): 11:43pm On Sep 26, 2017
Kindly ask Google

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