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Nairaland Forum / Nairaland / General / Family / Culture Vs Legal Law: Who Owns The Child??? (16541 Views)
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Re: Culture Vs Legal Law: Who Owns The Child??? by wwwmaster: 10:13am On Nov 24, 2017 |
omooba969: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: Something urgently needs to be done about such incongruous culture & tradition of that place you come from. Imagine o...where I come from. lol |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 10:32am On Nov 24, 2017 |
naijaboiy:
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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". 2 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by CakezbyMarie: 10:45am On Nov 24, 2017 |
omooba969: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?! 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:14am On Nov 24, 2017 |
nkwuocha1: I can see how hard you try to defend your culture and tradition. Kontinu. |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:16am On Nov 24, 2017 |
CakezbyMarie: 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. |
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. 1 Like |
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! 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:24am On Nov 24, 2017 |
Tamakay:
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Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 11:30am On Nov 24, 2017 |
Tamakay:
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Re: Culture Vs Legal Law: Who Owns The Child??? by donbenie(m): 11:31am On Nov 24, 2017 |
omooba969: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 5 Likes |
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: 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: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: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: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: You're not making sense. 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 12:59pm On Nov 24, 2017 |
Adeoba10: 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: 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: The child is less than 2 years... Can't decide for himself yet. 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by KardinalZik(m): 1:25pm On Nov 24, 2017 |
charlsecy: 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: 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: Correct!
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Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 1:46pm On Nov 24, 2017 |
Humulity: @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. |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 1:53pm On Nov 24, 2017 |
Reussite: 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: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..... 2 Likes |
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