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.

I don't know about the Nigerian laws perse but in certain countries by Law the biological father has no right over the child(depends on who's name is on the child's birth certificate and if the child was born before the mother got married or after getting married )

omooba969:


Lies may go for years but just one day the truth will catch up.

Lies do not hold, it will only damage the child when he/she is old enough to process & understand things.

Yes but there's difference between a father and a sperm donor...
there are step fathers that'd raise their step children like their own ..give you what a biological father might not give you ...

It's not always a black and white thinking we should think grey sometimes.

ifyalways:
Biological dad remains the dad until he writes, signs on paper that he's not.

Rejecting a pregnancy/child verbatim and going awol does not erase his DNA from the child. (reason girls should be careful of who they open their legs for)

The step dad can only be the child's guardian.

As a lawyer the correct position is that the nigerian evidence act does not recognize DNA over customary or civil marriage.The man who did the marriage rites is presumed under the law to own the child even up to 9 months after a divorce

Surrey2Bimshire:



Yes but there's difference between a father and a sperm donor...
there are step fathers that'd raise their step children like their own ..give you what a biological father might not give you ...

It's not always a black and white thinking we should think grey sometimes.

Ok

NoToPile:
That's Igbo culture.

The Yoruba guy that married the lady knows its not applicable in Yoruba land, but since his wife is ibo, the wives family would have given him the total rights to the child.

In Yoruba land, the man who impregnates the woman is the father of the child irrespective of whether he marries her or not.

Well I think legally the person who impregnated the lady is the father except in cases of documented adoption .

not totally correct, as far as I know, in Yoruba culture, right to paternity is bestowed by the mother of the child; that is if she claims a man as the father, and the man accepts, another man cannot have rights over the child, biological or not

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]

All what you are saying is European culture not Nigerian culture

In most parts of Nigeria, the guy has no rights over the child anymore

macof:
not totally correct, as far as I know, in Yoruba culture, right to paternity is bestowed by the mother of the child; that is if she claims a man as the father, and the man accepts, another man cannot have rights over the child, biological or not

But the paternity of the child is not the subject of argument here, they all know who the father of the child is.

A woman can claim anyone to be the father , that cuts across tribes but at some point fingers pointed to the Igbo dude that he's the father and relatives were there to witness this and there was a denial.

If she had given the pregnancy to another man without alarming the first its a whole different case entirely.

billyG:

are u saying d child is not frm d husband but some1 else?

Exactly.

omooba969:


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.

Well,the family is fighting on his behalf legally. But its going to be fruitless. The wife can't let go of her child ,and of course she is sure traveling with her son to stay permanently in Europe. Guess the father will only get to see his son for the main time on Facebook.

NoToPile:



But the paternity of the child is not the subject of argument here, they all know who the father of the child is.

A woman can claim anyone to be the father , that cuts across tribes but at some point fingers pointed to the Igbo dude that he's the father and relatives were there to witness this and there was a denial.

If she had given the pregnancy to another man without alarming the first its a whole different case entirely.

You are kinda right, I don't know what traditions say about a case where the woman has already claimed one man as the father, only to turn back to give another
...it is indeed complicated

sarutobie:

Fallacy, why then do we have magistrate And customary courts??

Customary courts deals with custom and traditional practice that are not against good conscience and natural justice.

You should ask yourself why statutory marriages have more legal recognition above traditional marriages.

And why the law upholds the will of a man bequeathing land to his daughter in places where tradition forbids it.

Why illegitimate children can’t be disinherited or discriminated against in law. And why nearly all your barbaric traditional practices are unknown to law.

Can’t believe you’ve been a member here since 7 years!

aariwa:
As a lawyer the correct position is that the nigerian evidence act does not recognize DNA over customary or civil marriage.The man who did the marriage rites is presumed under the law to own the child even up to 9 months after a divorce

Please attend to!

In my own case I didn't deny the child, I took care of the mother during and after birth and I took care of them for almost two years but now seems like the girls eyes is in another man.... She's in school too
How can I have custody of my child, the child is 2 years and 4 months and staying with the mother cuz she's in school