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Nairaland Forum / Nairaland / General / Family / Culture Vs Legal Law: Who Owns The Child??? (16528 Views)
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Re: Culture Vs Legal Law: Who Owns The Child??? by Surrey2Bimshire: 2:19pm On Nov 24, 2017 |
Michymi: 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 ) |
Re: Culture Vs Legal Law: Who Owns The Child??? by Surrey2Bimshire: 2:25pm On Nov 24, 2017 |
omooba969: 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. 3 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by aariwa(m): 2:33pm On Nov 24, 2017 |
ifyalways: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 |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 3:14pm On Nov 24, 2017 |
Surrey2Bimshire: Ok |
Re: Culture Vs Legal Law: Who Owns The Child??? by macof(m): 5:03pm On Nov 24, 2017 |
NoToPile: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 |
Re: Culture Vs Legal Law: Who Owns The Child??? by macof(m): 5:32pm On Nov 24, 2017 |
naijaboiy: 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 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by NoToPile: 7:32pm On Nov 24, 2017 |
macof: 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. 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 9:44pm On Nov 24, 2017 |
billyG: Exactly. |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 9:48pm On Nov 24, 2017 |
omooba969: 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. 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by macof(m): 10:40pm On Nov 24, 2017 |
NoToPile: 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 |
Re: Culture Vs Legal Law: Who Owns The Child??? by WrathOfHadez(m): 11:14pm On Nov 24, 2017 |
sarutobie: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! |
Re: Culture Vs Legal Law: Who Owns The Child??? by Witlee1: 10:15pm On Dec 05, 2021 |
aariwa: 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 |
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