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Nairaland Forum / Nairaland / General / Family / How Do I Take Custody Of My Beloved Son? (27734 Views)
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Re: How Do I Take Custody Of My Beloved Son? by frozen70(f): 1:04am On Jul 13, 2019 |
You have to start with a DNA test to be very sure if the paternity of that child as the court will demand that Find out what surname the child bears, if its not your surname, you challenge them to change his name to yours Court will still grant her the custody of the child and grant you access to the child to a certain age before you take the child Rivers and bayelsans can keep a child out of wedlock because they see no big deal in it I know you are reacting so because you are an ibo man |
Re: How Do I Take Custody Of My Beloved Son? by MEGAWATCH: 1:10am On Jul 13, 2019 |
Yussuf06: For now, nobody go show you that one. If them show you now, you go come the insult people up and down. So make you kuku ma dey type the way you dey type now make we have peace. 3 Likes |
Re: How Do I Take Custody Of My Beloved Son? by Bunique: 1:13am On Jul 13, 2019 |
Ybaby: you are a proper fool. 2 Likes |
Re: How Do I Take Custody Of My Beloved Son? by candyguyofficia(m): 1:19am On Jul 13, 2019 |
otobasin2323: I had to do a password reset on NL account inorder to gain access back to d account I did this all because of you, if it was face2face perhaps I would have charged you for the service but because it NL should I say such perhaps everyone would scream Scam, so I would advise you legally pro bono and also as a means of giving back to NL (I won't prepare a brief cuz I won't be able to type much on phone but I would touch as much material point as possible and would also simplify it. The advise is all backed my constitutional provision n decided cases) Advise: Section 315 of the 1999 CFRN (as amended) qualify customary law as an existing law, the implication of this is that courts are to apply customary law. In your case the customary law of your ex-girlfriend is "any man that marries a lady with a child the child automatically answers d man's name" The million dollar question is would d court apply this customary rule? By the provision of Section 18 (3) of the Evidence Act 2011, which state " in any judicial proceeding where any custom is relied upon, it shall not be enforced as law if it is contrary to public policy or is not in accordance with natural justice, equity and good conscience. Your ex GF proposed defence on Customary law is barbaric and repugnant to natural justice, equity and good conscience so the court would not apply the customary law rule. Your case is similar to Edet v Essien (please do read it up). In the case the court held that the customary law is barbaric, repugnant to natural justice, equity and good conscience. By Section 17 Evidence Act of 2011 " a custom may be judicially noticed when it has being abjudicated upon once by a superior court or record". This your case has being adjudicated upon in the case of Edet v Essien and in many other cases. The court will grant you paternity of the child with ease even WITHOUT DNA test if proposed defence of your ex-GF is this customary law. Now for the custody of the child (the court will most likely decide this on the technicality of d plaintiff council and that of the council of the defendant which will influence what the court think is best for the child). I will go with the realist school of law of Oliver Wendell Holmes on this. "The law is what the judge says it to be". Regardless of the court judgement on the custody of the child it is a win win situation for you because: 1) You get recognised paternity of the child by the court 2) By virtue of the recognised paternity of the court an arrangement would be made for you to visit your son (either home visitation or public visitation) this way you get to be involved in the child Life and growth. Best Wishes 6 Likes 1 Share |
Re: How Do I Take Custody Of My Beloved Son? by Bunique: 1:22am On Jul 13, 2019 |
confun: you are another big proper fool 2 Likes |
Re: How Do I Take Custody Of My Beloved Son? by pcicero(m): 1:25am On Jul 13, 2019 |
cococandy: And what is that ma'am? |
Re: How Do I Take Custody Of My Beloved Son? by SirVintageCock: 1:34am On Jul 13, 2019 |
WORLDPEACE:Very funny joker you are. She should contribute 10k with all the nanny work and babysitting and childrearing stuffs attached (also working fulltime to make the said money) while the poor ratass sperm donor will contributes 15k without adding any other child chores and at the same time frolicking with different pussies daily. Men, you can't eat your cake and have it. Zip up or make money to spare us this sobstories. please. Dude is just pained that the girl is going to have a good life after he thought she is now an evening newspaper. Beloved son, my left yellow balls.... |
Re: How Do I Take Custody Of My Beloved Son? by KenModi(m): 1:34am On Jul 13, 2019 |
biacan: Your stupidity ennnn....stinks to the highest heavens! |
Re: How Do I Take Custody Of My Beloved Son? by onadana: 1:37am On Jul 13, 2019 |
biacan: Women...being parasites..chai |
Re: How Do I Take Custody Of My Beloved Son? by PoliteActivist: 1:37am On Jul 13, 2019 |
Yussuf06: You hit "Quote" under the post |
Re: How Do I Take Custody Of My Beloved Son? by kunleweb: 1:43am On Jul 13, 2019 |
biacan: You are very irresponsible for joking with such a serious matter. |
Re: How Do I Take Custody Of My Beloved Son? by Carinaflo(f): 1:44am On Jul 13, 2019 |
otobasin2323: But she lived with you throughout the period of her pregnancy and you didn't bother to pay her bride price, you had to wait to know if she would give birth to a "boy". 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by kunleweb: 1:44am On Jul 13, 2019 |
otobasin2323: Go and find and speak to a lawyer. Your state should provide free legal services, start there and take it up from there. |
Re: How Do I Take Custody Of My Beloved Son? by kunleweb: 1:46am On Jul 13, 2019 |
cococandy: What shiny skull. You find it hard to criticize your typical way cause its a woman. You throw a subtle shade, a single. Sentence unlike when you're write a poem if the man was the guilty part. Feminism don't destroy your frontal cerebral part. Atole oshi 4 Likes |
Re: How Do I Take Custody Of My Beloved Son? by OneManLegion(m): 2:05am On Jul 13, 2019 |
wirinet: Generally, customary traditions almost always get judicial approval. ALMOST always. According to the OP's baby mama, where she's from, a woman is entitled to a child born out of wedlock. (I can't vouchsafe its veracity, though) If the (OP) can convince the court that it would go against the laws of natural justice, equity and good conscience to follow this custom, the court might just rule in his favour. The fact that the child is still tender of years may work against you, though! |
Re: How Do I Take Custody Of My Beloved Son? by OneManLegion(m): 2:23am On Jul 13, 2019 |
Ybaby: Why's there no "Down vote" option on nairaland, Seun 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 2:25am On Jul 13, 2019 |
otobasin2323:I pity you because she refused to marry you. If not that she refused to marry you, the child would not be yours, traditionally. If a bride price is not paid on a woman's head in Igboland, be it River Igbo or whatever, that child belongs to his/her mother's family, and they've absolute right to choose whom the child will belong to, in case they don't want to keep the child. Therefore, the case is dead cos you didn't marry her. However, the only saving grace you have is that she willingly refused to marry you; hence, it's not your fault. So, based on that, the court will declare that he's your child even though he'll still be in his mother's custody until he grows up. Because of the aforementioned reason, get a good lawyer and recover your child back. Insist that she refused to marry you and that you need your son back. 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 2:43am On Jul 13, 2019 |
linearity:Please remember that he didn't marry her. So, what works in America doesn't work here. We've our customary law here oooo! |
Re: How Do I Take Custody Of My Beloved Son? by ikorodureporta: 2:59am On Jul 13, 2019 |
It's funny how people reject babies, engage in multiple abortions, while others are searching for pregnancy... |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 3:14am On Jul 13, 2019 |
[quote author=VillagePipu post=8020955) That boy belongs to the guy. The girl's parents can argue tradition all they want but the law is what it is [/quote]. Please I disagree with you on this. That tradition is still accepted by law - the customary law. Insofar as he didn't marry the lady, the child is not his. The only angle from which he may win this case and get his son back is that she willingly refused to marry him, and he's therefore praying the court to declare that the child is rightfully his. In my village, a lady lived with a man who didn't pay her bride price, for years and they had four children. When they visited the lady's family, they took the children away from the man, that he didn't pay the bride price and according to our village tradition the children belong to the woman's family. People ill-advised the man to go to court, that he would win. He then sold his land, and took up the case. In the court, he was reminded that he didn't pay the bride price and could not rightfully claim the ownership of those children. From this, I then realized that traditions are backed up by customary law. The lady's family took those children, and the lady later married another man, not with the children ooo! Her former man died due to hypertension. He had spent all he had, yet he didn't recover his children back. That's why men should be careful and do the proper and necessary rites of marriage, before claiming that a child is his or theirs anyway. 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by Sophiemama: 3:25am On Jul 13, 2019 |
My dear,there are communities here that will never give you that child without you marrying their daughter, especially in this case where there is a man ready to marry her and become the legitimate father. It is a pity. Go to their family with your family and pay some dowry on the girl. In my place,there is something you will for the child alone even if you don't want to marry the mother. This is to make the child your legitimate son because in the future you will legitimately marry another woman and this boy will be called a bastard,even by your wife and her children. The mother is doing what is best for her son because the boy will have equal rights as the other children she will birth for the wealthy man. 2 Likes |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 3:31am On Jul 13, 2019 |
axglide: |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 3:33am On Jul 13, 2019 |
axglide:Did he marry her? The law you quoted is premised on marriage; that is to say, if he had married her 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 3:45am On Jul 13, 2019 |
axglide:What do you understand by the word "legitimate children"? It means children born in marriage. There's no marriage here. 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 3:49am On Jul 13, 2019 |
spongeisback:Ikwerres are Igbos, even though they denied it. Igbo is Igbo. We practise the same culture in Anambra. 2 Likes |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 4:02am On Jul 13, 2019 |
sacx:Customary law takes care of traditions. Since he didn't marry the lady, he cannot claim ownership of the child. I've witnessed such a case before and the man lost. Ask a good lawyer and he'll tell you the truth. Even in America, Steve Jobs' parents were not the biological parents of his. His maternal grandfather didn't want Steve's biological father to marry his daughter (Steve's mother), and he was therefore adopted by another man, even when his biological father wanted to marry his mother. 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by macphilip: 4:04am On Jul 13, 2019 |
Bro in all truthfulness and as a honest Nigerian, if your child in question here was a baby girl, would you still be interested in having custody ? 2 Likes |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 4:07am On Jul 13, 2019 |
morpheus24:I've seen such a case before and the man lost the case. Insofar as he didn't marry the lady, he has no legal right to claim ownership of that child. Our traditions are backed up by customary laws of Nigeria. 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by citadels(f): 4:15am On Jul 13, 2019 |
spongeisback:my dear you are right. If you did not marry a woman before she gave birth for you the child ain't yours it's in my tradition too. |
Re: How Do I Take Custody Of My Beloved Son? by Nobody: 4:15am On Jul 13, 2019 |
VillagePipu:You're talking of outdated and unjust tradition of male inheritance. But this one is different. Insofar as he didn't marry the lady, he can't claim ownership of that child. Even customary laws of Nigeria support this. I've seen such a case before and the man lost the case. Impregnating a woman is not enough to claim you're the owner of the child. Otherwise, people impregnating women whose husbands are dead or could not father a child, could have claimed those children later. 1 Like |
Re: How Do I Take Custody Of My Beloved Son? by citadels(f): 4:22am On Jul 13, 2019 |
[quote author=Mandeyy post=80212274][/quote] sure. Tradition is recognized in law. In my town is same thing if you don't marry a woman and she gives you children those children are not yours. Don't try it |
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