₦airaland Forum

Lawyer, can a father get custody of a child born out of wedlock?

So many men are caught up in this web.
They meet a woman casually. Nothing serious. Suddenly, pregnancy.

Emeka was not ready for marriage. She bore the burden alone and delivered the baby out of wedlock.

Now, Emeka wants to be the best father he can be. But then came the unthinkable.
The community says: “A child born out of wedlock belongs to the mother’s family.”

Is this lawful?
The answer is No. Such customs are repugnant to natural justice, equity, and good conscience.

The Court of Appeal made this clear in Muojekwu v. Ejikeme (2000) 5 NWLR (Pt. 657) 402. In that case, TOBI, J.C.A. held:

“Why should a custom deny the biological father of his children? A custom which denies the natural or biological father of his child is repugnant to natural justice.”

The truth is clear. A child born out of wedlock does not cease to be the child of his or her father. Nigerian courts have repeatedly affirmed that fathers also have rights and duties towards such children. Custody is not automatic to the mother or her family. The paramount consideration is the welfare of the child.

If a father can prove that he is responsible, capable, and that custody is in the best interest of the child, the court can grant him custody or access rights, whether or not he was married to the child’s mother.

The lesson is simple: being unmarried does not strip a father of his parental rights.

I am Ebelechukwu Aroh-Nwoka, Esq., the Nigerian family and property lawyer. I help you protect what you cannot afford to lose, your land, your legacy, and your family.

For further information or inquiry, send a DM.

#arohnwokaebelechukwu #ebelechukwulawfirm #familylawnigeria
#childcustody

Why not include an image referencing the actual record and section of the law where these ideas are recorded?

Legally, yes.

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Nairalanders Over to you ,


Princess Faith Chukwuamaka

Ofcourse if u go pay brideprize and carry your wife and baby ....if not child remains with the girl's family...I don't see a responsible man that will casually have sex with someone he doesn't love and still give her belle ....if u are capable and responsible then choose a wife ,marry her properly and rise a family with her...this is what responsible and capable men do....whatever you want to reason...just ask yourself, if a man comes from nowhere and impregnate your daughter without your consent as a father ,how u will feel? The shame... ..the traditions of my tribe ,is that a father is the rightful person to give out his own daughter in marriage after brideprice is paid ...don't deny your fellow man his own right as a father ...even in white wedding the father of the bride, walk down the aisle, holding her daughter proudly and then hand her over to her groom....this shows that civilization and tradition uphold the fact that father should give consent to a man to live with his daughter and have children for him....

Kobojunkie:
Why not include a image referencing the actual record and section of the law where these ideas are recorded?

You didn't see the case he cited and the dictum of JSC Niki Tobi?

Is community customs and traditions superceded Nigeria constitution?

Capital No.

Let the father takes them to court ,he would come out victorious. I know it is Igbo tribe that has, all these funny traditions.

That was how they wanted to play nonsense with Bianca until she defeated then in Court.

The law recognises the mother as the primary caregiver, therefore retains custody of the child. However, if there is an evidence of any prevailing circumstance such as the mother lacking the capacity to adequately cater to the needs of the child, then the dad may be considered to have custody.

I think so. I heard that when a child is over 6 years old, the father can take the child from the mother anytime he wants. Correct me if am wrong

Kobojunkie:
Why not include a image referencing the actual record and section of the law where these ideas are recorded?

WHAT RECORD. THE NWLR WAS QUOTED. HAVE U LOOKED IT UP AND DIDNT FIND IT

I have been taking care of my child from 1 year 4 months when his mother abandoned to now that he is going to 6years old.. What fucken law are you talking about?

You mean you ditched your baby and suddenly feel like you shouldn't, if that is the case, it is what the mother of your child like that she will do. Bleep the law!

Legally yes, provided he is the biological father and has not denied that responsibility.

A father is a father either the child is fathered outside wedlock or not, having lawful custody of a child by the father depends on so many factors.

What if the woman now marries and convinced the new husband that the child is his, like a paternity fraud. And after like 2 years or more the original father changed his mind and say he wants the child or children back that he was the one that impregnated or impregnating the woman and not her husband.
And the husband don’t want divorce his wife as a result

You did not present the full judgement.

Read the full judgement for a better appreciation. There is a provisor that you left out.

Angelindisguise:
You didn't see the case he cited and the dictum of JSC Niki Tobi?

Go through the history of the person you are quoting and judge for yourself

It can go both ways.

Depends on circumstances.

If the mother is proven as incapable of having custody, or at least less capable than the father, custody is granted to him.

For example, he has a good job, a stable home, and is both capable and willing to provide all the child needs, while the mother is a criminal, abusive, a substance abuser, or is living with such an individual, to the point that the child is deemed unsafe with her, he should get custody.

However, if the mother has raised the child well and comfortably, and the guy just shows up in shorts and t-shirt, thinking he can just yank the child out of the home the mother has provided, he should think again.

I'm fact, a mother can take over custody of a child if the court decides the child is better off with her than the father. It all depends.

There is nothing like a child out of wedlock belongs to the family, that's cultural practices that have no basis in law just like the igbos also don't inheritance to women which has no basis in law, supreme Court has set a precedence in this. Once you sure you are the child's father, you are the father for life unless you don't want to activate your rights if stepped upon.

When a man refuses to be a dad, the onus is in the lady to take him to court so the court forces him to also care for his child. If the lady refuses to do this and the man comes after ten years to now wants to be in the child's life you as a lady can't do shit , the court will grant him that fatherly right to the child. This has nothing to do whether you were married or not, children out of wedlock have same rights with children born in wedlock.

That child you speak about if the man dies he has rights to inheritance just as other children but the stupid culture will allow him to inherit. There are things are may seem ok culturally but are illegal in the sight of the law this is one of them.

ARISHEM:
What if the woman now marries and convinced the new husband that the child is his, like a paternity fraud. And after like 2 years or more the original father changed his mind and say he wants the child or children back that he was the one that impregnated or impregnating the woman and not her husband

How is it possible for a woman who got married with a child convince her new husband that the child she had previously belongs to him?!

Kobojunkie:
Why not include a image referencing the actual record and section of the law where these ideas are recorded?

What's this one saying? Infact, issues like this is not for people like you, hence your response.

Angelindisguise:
You didn't see the case he cited and the dictum of JSC Niki Tobi?

Don't mind Kobojunkie, she just woke up. It will take another two hour for her to be up and doing.

What are the legal remedies available to a person whose partner took his/her child out of the country without his/her written permission?

Kobojunkie:
Why not include a image referencing the actual record and section of the law where these ideas are recorded?

Do yourself a favour by getting the law report detailing the referenced judgement. The judges would not just pass a judgement without an extensive details and references to the part of the law or constitution that supports it.

You will even learn more beyond what you envisaged .

If you see where woman dey drag pikin with man know say she is doing better than the husband or the family get money.

Kingpele:
Ofcourse if u go pay brideprize ggggggggggggfft

It has nothing to do with whether you paid bride prize or not

MarkNsukkaBread:
What are the legal remedies available to a person whose partner took his/her child out of the country without his/her written permission?

If you write to the Embassy of the country of where they took the child to, you will see wonders.

I'm a victim currently, one Igbo girl from Enugu got pregnant for me, I spent a lot on her till she gave birth job carry me from my location to another town on the nine months she suppose to deliver, I sent her money for hospital bill, and also for upkeep, this lady delivered successfully and disappeared with my baby, she blocked my line, if I use a new number to call her, she will block that too

idonhammer:
If you see where woman dey drag pikin with man know say she is doing better than the husband or the family get money.

This isn't always the case, why they do this is because most times they have past child bearing peak.

He can't unless the child decides to run after him when he/she comes of age.

He can legally own those kids if and only if he pays their mother's dowry.

The law upholds this fact. It is customary.