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Culture Vs Legal Law: Who Owns The Child??? - Family (4) - Nairaland

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Re: Culture Vs Legal Law: Who Owns The Child??? by wwwmaster: 10:13am On Nov 24, 2017
omooba969:


The woman/pregnancy could be rejected but the question is...'is he rejecting his child?'
Maybe I didn't read right but didn't he deny the pregnancy?
The child in question is from the denied pregnancy, right?
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 10:31am On Nov 24, 2017
donbenie:
So,what exactly is natural justice and equity and good justice about a man who rejected and denied a pregnancy and later turned around to claim what he NEVER wanted..which meanwhile,another man knowing fully well the baby ain't his biologically still accepts full responsibility of training the child..there's more to being a Dad than merely lying between a woman's legs..
Where I come from,he does not have any case as long as he didn't pay the bride price and he can go hang because he will never get a whiff of the child..

Something urgently needs to be done about such incongruous culture & tradition of that place you come from.

Imagine o...where I come from. lol grin
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 10:32am On Nov 24, 2017
naijaboiy:

Even if she changes her story Millions Of Times, how would that disprove that the boy in question is the father of the child? When his DNA is fully existing in the child’s genes.

Re: Culture Vs Legal Law: Who Owns The Child??? by chigoizie7(m): 10:33am On Nov 24, 2017
As an Igbo man, u dare not try such. And if the case is to be judged by an Igbo judge. The so called biological father will loose the case.


Even in cases regarding inheritance. Judges do take into considerations the custom of the people in question.


I have also witnessed such.


And Igbo adage says " ndi nwuru anwu ke sia, ndi di ndu ekegharia".

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Re: Culture Vs Legal Law: Who Owns The Child??? by CakezbyMarie: 10:45am On Nov 24, 2017
omooba969:


Abeg put your emotions in check, the child's best interest is more important here. undecided
Exactly.. What do you think is best for the child? A man that denied his own blood? He doesn't seem responsible...
Re: Culture Vs Legal Law: Who Owns The Child??? by lindabon: 11:03am On Nov 24, 2017
There should not be 2 different laws in one country. We should have one binding law that takes into account the customs, traditions, culture and religion of the people. But thanks to out failed politicians, this has not happened. We are still using 2 to 3 different laws in one country; customary, legal and even religions laws. All in a bid to create loopholes which the rich and powerful evildoers can use to get away with their attrocities. What a country!!!

Well, If the biological father rejected his own child, refused to be by the woman carrying his own child during and after the birth, refused to support his own child, then he should have no right to that child. He is going to be a traumatic figure and he has lost all grounds and claim due to his own decided-neglect and that clearly shows that he is likely going to be an unstable and unavailable parent to the child. Children must always be a priority because any mistake at the early stages of a childs development and that child will become damaged FOREVER!!!

I mean, think about knowing that your own father basically started your life on earth by calling you a bastard?!

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Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:14am On Nov 24, 2017
nkwuocha1:


Here is a vivid answer. But can the court grant the real father custody after a claim that he was never aware he was the true father of the child has the girl claim?Again knowing fully well that DNA takes a long time ,he can also claim he wanted a DNA test only to find out the girl got married to another man with his child?

I can see how hard you try to defend your culture and tradition.

Kontinu. grin
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:16am On Nov 24, 2017
CakezbyMarie:
Exactly.. What do you think is best for the child? A man that denied his own blood? He doesn't seem responsible...

I think we can leave that for the child to preside over when he/she is old enough to process and understand the matter.

For now, make we no carry the matter for head like gala. grin
Re: Culture Vs Legal Law: Who Owns The Child??? by Eteriayaoba(f): 11:22am On Nov 24, 2017
Obviously the family of the girl did not contact the family of the boy initially when the whole issue started to infom them their boy impregnated thier girl and he is denying responsibility. The boy's family would probably have prevailed on thier son and accepted the pregnancy if aware. I am not a legal person but i am sure the law is in favour of the boy that fathered the child but proving it in the court is however another kettle of fish.
As it is now, going thru the legal route will be long and tasking with no guarantee of winning the battle. The best bet is for family of the boy to cool down and represent thier case to the girl's family to settle out of court, appeal softly to them and the husband, also give the family time to process the request while they continue to apeal and press softly. At later years if they dont give up, the husband would surcom to pressure.
But wait o, its suprising that the Yoruba husband is hell bent on keeping and claiming a child he knows does not belong to him, that is totally against his culture. Pressing through the husband's family may also help as they will not regard the child as thier own, to them, he will be 'Omo ale' ie a bastard.

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Re: Culture Vs Legal Law: Who Owns The Child??? by prettyboi1(m): 11:23am On Nov 24, 2017
We can mumu for 'culture' ehn. Is it culture that put the man's DNA in the woman? It is the LAW that will win. That baby is naturally the first guy's own & will remain so forever. What can be negotiated in court is whether or not the first guy is responsible enough to have any kind of custody of the baby. Simple!

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Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:24am On Nov 24, 2017
Tamakay:






This Igbo tradition has outlived its importance and it is seen barbaric and archaic in the eyes of the law. I am saying this because there's was a similar case that happened and the man took them to court and all the three times he took them to court, he won the case. And now, the mother of the child and her family is begging the man just to have custody of the child for a while.

Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:30am On Nov 24, 2017
Tamakay:






Archaic and barbaric Igbo tradition. Is the new man paying bride price for the child or the mother he wants to marry? In the eyes of the law, this tradition doesn't exist. I have witnessed three cases of such and all, the men won the cases as the biological fathers. One, the girl's family members were even arrested for conspiracy to abscond with another man's son.

Re: Culture Vs Legal Law: Who Owns The Child??? by donbenie(m): 11:31am On Nov 24, 2017
omooba969:


Something urgently needs to be done about such incongruous culture & tradition of that place you come from.

Imagine o...where I come from. lol grin
The only thing INCONGRUOUS which needs resetting is your attitude,I would take a tradition which seeks to protect a child and discourage unwanted pregnancies over whatever culture operates where you come from..you're the type which encourages and sees Baby Mamas as the modern and in thing..so a man who impregnate,rejects and abandoned a girl in your own book should eat his cake and have it?..#SMH

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Re: Culture Vs Legal Law: Who Owns The Child??? by Humulity: 11:56am On Nov 24, 2017
In Igbo land, once you did not pay bride price the child is not yours. Even if you eventually paid the bride price and marry the lady the child is still not yours. The child belongs to her father. No argument. Except you pay the bride price before the woman put to bed, but in this case somebody paid that and the child automatically belongs to the person who paid the bride price.
That the husband is a Yoruba does not deny him paternity, he has both cultural and spiritual right to that child. Because he paid the bride price and married her.
Re: Culture Vs Legal Law: Who Owns The Child??? by nwosu1982: 12:06pm On Nov 24, 2017
Culturally the man who paid the girl's bride price owns the child if both are Igbos bcoz culture differs. Legally the man who rejected the pregnancy abinatio can equally lose the despite prove from DNA test bcoz equity must play it's own part in the case. My humble submission
Re: Culture Vs Legal Law: Who Owns The Child??? by sleeveless: 12:09pm On Nov 24, 2017
naijaboiy:


[b]That is the tradition in the place you come from. But the courts will not be bound by local customs and traditions 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]


Most of this cases are judged in the customary court, and and customary court gives verdict according to the custom and tradition of where d court is situated. Don't be surprise if d step-dad wins in court
Re: Culture Vs Legal Law: Who Owns The Child??? by Donemmy(m): 12:28pm On Nov 24, 2017
nkwuocha1:


This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.
by ur perspective, one can even go on raping expeditions & later claim paternity of the child.
Re: Culture Vs Legal Law: Who Owns The Child??? by Adeoba10(m): 12:37pm On Nov 24, 2017
nkwuocha1:


The said boy is an only son,hence the legal battle for the family to claim their grandchild.
I will advise the Ondo man should let go afterall he's not an impotent, just to avoid unnecessary issue.
Re: Culture Vs Legal Law: Who Owns The Child??? by Reussite: 12:39pm On Nov 24, 2017
This was exactly the case of an Igbo family friend whose eldest daughter got pregnant twice for an Edo guy. The guy was not straight forward in accepting the pregnancy or not. He was still assuring the girl that he likes her & wants to marry her tho without financing her in anyway till she gave birth both the first & second time. After the children got nurtured to age 3 & 1 respectively he probably made some money & headed to the family of the girl to claim the children as his. But the girl's father threatened him never to visit them in his lifetime that according to their tradition in Imo state the child already belongs to him(the father). Till date, the little girls are counted as children of the girl's father.
Re: Culture Vs Legal Law: Who Owns The Child??? by charlsecy(m): 12:43pm On Nov 24, 2017
KardinalZik:
....he can take back his child with the help of good Family Lawyers through DNA.
Do you think legal decisions can nullify the child's preference?
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 12:57pm On Nov 24, 2017
Donemmy:

by ur perspective, one can even go on raping expeditions & later claim paternity of the child.


You're not making sense.

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Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 12:59pm On Nov 24, 2017
Adeoba10:

I will advise the Ondo man should let go afterall he's not an impotent, just to avoid unnecessary issue.


I'm not sure the parents of the bride and the bride will allow that. The child will still be retained in the girl's family until he is all grown to decide for himself.
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 1:03pm On Nov 24, 2017
Humulity:
In Igbo land, once you did not pay bride price the child is not yours. Even if you eventually paid the bride price and marry the lady the child is still not yours. The child belongs to her father. No argument. Except you pay the bride price before the woman put to bed, but in this case somebody paid that and the child automatically belongs to the person who paid the bride price.
That the husband is a Yoruba does not deny him paternity, he has both cultural and spiritual right to that child. Because he paid the bride price and married her.

Not applicable to my side. When you eventually pay the bride price after she puts to bed,the child is still yours.Although I've heard Od something close to what you said anyway.
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 1:04pm On Nov 24, 2017
charlsecy:
Do you think legal decisions can nullify the child's preference?

The child is less than 2 years... Can't decide for himself yet.

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Re: Culture Vs Legal Law: Who Owns The Child??? by KardinalZik(m): 1:25pm On Nov 24, 2017
charlsecy:
Do you think legal decisions can nullify the child's preference?

The child can only have CUSTODIAN preference; not PATERNITY preference.

Have you ever heard anything like PREFERRED FATHER?
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 1:26pm On Nov 24, 2017
nkwuocha1:


Even the visiting rights is almost impossible even if the court grants it. In few days the child will leave the shores of Nigeria. Guess the Yoruba husband is also prepared to give whoever stands on his way a tougher dose.

I hope the Yoruba hubby will be wise enough to pick his battle coz the child's dad won't stop at anything to take him out if he threatens the father-son contact.
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 1:38pm On Nov 24, 2017
Eteriayaoba:
Obviously the family of the girl did not contact the family of the boy initially when the whole issue started to infom them their boy impregnated thier girl and he is denying responsibility. The boy's family would probably have prevailed on thier son and accepted the pregnancy if aware. I am not a legal person but i am sure the law is in favour of the boy that fathered the child but proving it in the court is however another kettle of fish.
As it is now, going thru the legal route will be long and tasking with no guarantee of winning the battle. The best bet is for family of the boy to cool down and represent thier case to the girl's family to settle out of court, appeal softly to them and the husband, also give the family time to process the request while they continue to apeal and press softly. At later years if they dont give up, the husband would surcom to pressure.
But wait o, it's suprising that the Yoruba husband is hell bent on keeping and claiming a child he knows does not belong to him, that is totally against his culture. Pressing through the husband's family may also help as they will not regard the child as their own, to them he will be 'Omo ale' ie a bastard.

Correct! wink

Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 1:46pm On Nov 24, 2017
Humulity:
In Igbo land, once you did not pay bride price the child is not yours. Even if you eventually paid the bride price and marry the lady the child is still not yours. The child belongs to her father. No argument. Except you pay the bride price before the woman put to bed, but in this case somebody paid that and the child automatically belongs to the person who paid the bride price.
That the husband is a Yoruba does not deny him paternity, he has both cultural and spiritual right to that child. Because he paid the bride price and married her.

@bolded,

Only applicable to igboz, not externals.

With the gibberish you put above, need I say that you need a brain formatting coz that shît up there is outdated, repugnant, incongruous etc.


With due respect though. cool
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 1:53pm On Nov 24, 2017
Reussite:
This was exactly the case of an Igbo family friend whose eldest daughter got pregnant twice for an Edo guy. The guy was not straight forward in accepting the pregnancy or not. He was still assuring the girl that he likes her & wants to marry her tho without financing her in anyway till she gave birth both the first & second time. After the children got nurtured to age 3 & 1 respectively he probably made some money & headed to the family of the girl to claim the children as his. But the girl's father threatened him never to visit them in his lifetime that according to their tradition in Imo state the child already belongs to him(the father). Till date, the little girls are counted as children of the girl's father.

This can only come from a violent group of people. Families who uphold family values would not do that.
Re: Culture Vs Legal Law: Who Owns The Child??? by billyG(m): 2:07pm On Nov 24, 2017
nkwuocha1:


She was almost 5months gone when the traditional rites took place according to sources. The preggy was visible and a lot of people thought the child actually belongs to the husband. The whole thing blew out of proportion when she put to bed and exposed the child to social media.
are u saying d child is not frm d husband but some1 else?
Re: Culture Vs Legal Law: Who Owns The Child??? by MyOpinion1(f): 2:11pm On Nov 24, 2017
NO RESPONSIBLE LAW WILL GRANT A PATERNAL RIGHT TO AN IRRESPONSIBLE MAN....... FORGET THE SPERM DONOR

If the child grew up and heard about the FACT THAT HE WAS disown/denial and rejected by the irresponsible father, he would never loved him(THAT IS THE FACT LET US FORGET TRADITION AND SENTIMENTS).

some men think they can have their cake and eat it.

After rejecting ur own fetus, and absconding from all financial responsibility, sitting down enjoying the stupidity u now came back and want to lay claim on what u never accepted. I think rat must have eaten up his sense.

The legitimate husband should continue enjoying his family and forget about the loser.....

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