wwwmaster:
The man that paid her bride price owns the child according to Igbo tradition.

omooba969:


Then that aspect of Igbo tradition is incongruous because it neglects & fails to honour the child's best interest.

elninosanz:
Legally, if the biological father can prove via DNA test that the boy is his, then he is the Legal Father. However, if the step-father had legally adopted the boy then the biological father had no claim to him. The mistake people make is not going through the legal adoption process. When the biological father comes for their children, they almost always win in court

cooljoe:
even if they were all igbos, a custom that is repugnant cannot hold. the father of the child will get his child, his hitherto indifference not withstanding

castrol180:
iPod or iPob tradition or culture get a lot of coma self...even legitimate daughters don't have shares in their parents properties or belongings after death.

Adeoba10:
I don't know whats wrong with some men and all these slay queen. What about if the lady has aborted the fetus then, will he be asking for any child now..... So after dodging his responsibility to pay natal and anti natal fee, he's now coming forward to claim his child.... In order no to jeopardize the innocent boy future, let them hasten with the boy travelling processing and take him out of the country....

nkwuocha1:


This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.

wwwmaster:

The child's nest interest you say? If a man have the child's best interest why not marry the mother after impregnating her?

Let's observe the two men above
* The one that denied the woman he impregnated
And
* The one that accepted another man's pregnancy with promise to charter for them without any grudge.
Who do you think have the child's interest at heart?

WrathOfHadez:
Most customs are unknown to law! And in law, marrying a mother and pregnant woman doesn’t make you a father of the child.

And we must remember that while a court of law may acknowledge the biological father as responsible for the pregnancy , it may still deny him custody. Especially in the light of his irresponsibility. Still no law will grant the husband father status.

So there are two things involved here: Custody of the child and paternity status.

DaudaAbu:

which One be real father here. The pregnancy that he has denied?

And if the lady too can jst change her story ajd say its a mistake he is not the real father she jst wanted to tie him down before, then that is all

CakezbyMarie:
Yes! He denied her, right now he has no right whatsoever another man has paid for the total package..

category:
There is no law here. Law is based on evidence. On what ground are you (biological father) claiming the child.
1) You had earlier denied responsibility for the pregnancy
2) You paid no dowry
3) There was no registration of marriage (marriage registry)
However, the foster father took responsibility of the pregnancy (even though he was not responsible), paid the dowry and i suppose, also married the lady properly (registry/church).
Remember that in extreme circumstances, in some marriages, a man may agree for another man to father his own children (that can be a contract).
So whosoever consummated a proper marriage is the father of the child.


Disclaimer
My opinion though!!!

omooba969:


As it is, it's not about the two men or the mother, it's about the innocent child. I would expect the Nigerian law to grant the mother custody right and all parties to work out contact between the paternal father and the child.

The child needs his father regardless. I appreciate emotions run riot in this kind of case.

elninosanz:


True. That's why i said the biological father almost always wins in court. However, the woman could have gotten that signed document from the biological father if she had taken the document to him at the time he was originally denying that he was the father. Most times, the guys just want to extricate themselves from an untenable situation and they will be willing to sign anything. A recorded tape of him denying paternity may also work IF she has a very good lawyer.

ibkn:
if the Son can prove paternity he is entitled to access and custody. a custom will not be repugnant to natural justice

wwwmaster:


Seems like you are in America. This is Africa, a man cannot totally take responsibility of a child that is bearing the name of another man (that impregnated his wife). The contention here is not whom will have custody or take responsibility but whose child.
The biological father is well established but it doesn't automatically made him the father.

In Igboland, a lot of unmarried pregnant ladies get married to another man, deliver the child in the man's house and the child automatically becomes of the family.
Thanks.

nkwuocha1:


This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.

wwwmaster:


Seems like you are in America. This is Africa, a man cannot totally take responsibility of a child that is bearing the name of another man (that impregnated his wife). The contention here is not whom will have custody or take responsibility but whose child.
The biological father is well established but it doesn't automatically made him the father.

In Igboland, a lot of unmarried pregnant ladies get married to another man, deliver the child in the man's house and the child automatically becomes of the family.
Thanks.

billyG:

if she was preg b4 marriage d child will b claimed by d inlaw,unless he do some ceremony 2 adopt d child.

Michymi:
By law the stupid boy unfortunately remains the father of the child, but that does not mean he will automatically get custody rights. On this particular case even if they go to court, the court will most likely uphold his right as the father of the child but custody will definitely remain with the mother especially with the stupid error of denying the pregnancy. Unless he can bring serious mega evidence to the unfitness of the girl or her husband as parent/guardian which i doubt he can prove or the court sef will take seriously. The best i see right now is visitation rights.

nkwuocha1:
Recently had a light chat with my mom.In the course of the discussion, we swerved to talks about culture as regards paternity of kid(s).That's when she revealed a current paternity case currently going on with one of her good friend.

The son of this woman had pregnanted a young girl(23 years??) and denied the pregnancy. In fact, he first advice she aborts the baby,unfortunately her aunt was quick to notice all the preggy symptoms of the niece under her care.

The young man was called to know what's to be done about the pregnancy, which he denied outright.

Fast forward few months later,the aunt who owns a clothe line had an encounter with a customer from the west who asked after the niece(guess he had eyes on her too), only to be told she is carrying unwanted pregnancy.

To cut the stories short,he married her with the pregnancy .All the rites paid and settled.

Now here is the issue,prior to getting married to the girl,the father of the girl explained he now has the right as a father to the unborn child by culture.

Now,my moms friend just find out through her son that he has a love child outside,a son.There's a serious legal battle to claim the child.The family has vowed to take bavk the child by all means possible.The father of the girl alerted his son in law about the development, and he has secretly made preparations to jet his now pregnant Igbo wife and "his" child out of the country to join him permanently in Europe.The son bears his name too.

Who wins this battle?

Culture or legal law?

omooba969:


This is not about what's obtainable in Igbo land, it's about what the law states.

I hope you can climb down your high horse.

glosplendid:
In Anambra....if you have a love child outside...without doing the proper traditional rites..you ain't entitled to the child...the child belongs to the father of the girl until she is married to another person then he/she will now belong to the girl's hubby....

wwwmaster:


I really don't know the law of Nigeria on this. Does it grant paternity to a man that rejected a woman he impregnated?

revolt:
what ardant nonsensical talk.....yes the guy was culpable but do you know what a step dad can do when Hus biological child is born? There's a strong possibility hell favour his when the chips are down. Why fight for another child that doesn't belong to you when the real dad wants the child?!!! I'm not understanding sha

omooba969:


Thank God you mentioned Anambra, headquarters of land grabbers.

Task your brain dear, it's good for your evolution.

naijaboiy:

[b]That is the tradition in the place you come from. But the courts will not be bound by local customs especially when it's repugnant to natural justice.

In my opinion the major case at hand should be who would get custody and not who is the real father. The identity of the real father is not far fetched, denying a child does not terminate the fact that the child is yours.

The only time when such actions will come against the supposed boy is when it comes to the custody of the child and if the family of the girl can prove that the boy is not responsible enough to cater for the child then her husband to be can be made a guardian.

Often times things like this are very difficult to prove. So the fact that the other man has paid bride price does not amount to anything in court, he’s only performing marriage rites and activities which has no connection with the child at hand.

And in my opinion it would be a crime for him to take the wife and unborn child away when he has no legal custody of the child yet. He won’t go to Europe and tell the authorities that he paid the bride price for his wife and the culture automatically allowed him to have the child, what they would need is legal proof that he has custody of the child not payment of bride price.[/b]