Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,153,457 members, 7,819,669 topics. Date: Monday, 06 May 2024 at 08:24 PM |
Nairaland Forum / Nairaland / General / Family / Culture Vs Legal Law: Who Owns The Child??? (15359 Views)
Who Owns The Breasts? Is It The Father, The Mother Or The Baby? / Son-in-law Impregnates Mother-in-law Who Came To Take Care Of Newborn Baby (pics / He Got My Sister Pregnant, Rejected It, Now He Wants The Child 16 Years After (2) (3) (4)
(1) (2) (3) (4) (5) (Reply) (Go Down)
Re: Culture Vs Legal Law: Who Owns The Child??? by ifyalways(f): 7:18am On Nov 24, 2017 |
CakezbyMarie:This is fallacy. DNA overrides this... This only works if the biological dad doesn't know his rights and/or is not financially capable. 4 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by Nobody: 7:18am On Nov 24, 2017 |
One of the many complications of pre marital sex. A young man that should be enjoying his life has to start running here and there to keep a Child he might lose. Don't complicate your life only have sex with your Wife and Husband within the confines of marriage and you would be fine. 4 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by category(m): 7:20am On Nov 24, 2017 |
There is no law here. Law is based on evidence. On what ground are you (biological father) claiming the child. 1) You had earlier denied responsibility for the pregnancy 2) You paid no dowry 3) There was no registration of marriage (marriage registry) However, the foster father took responsibility of the pregnancy (even though he was not responsible), paid the dowry and i suppose, also married the lady properly (registry/church). Remember that in extreme circumstances, in some marriages, a man may agree for another man to father his own children (that can be a contract). So whosoever consummated a proper marriage is the father of the child. Disclaimer My opinion though!!! 8 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by elninosanz: 7:24am On Nov 24, 2017 |
ifyalways: True. That's why i said the biological father almost always wins in court. However, the woman could have gotten that signed document from the biological father if she had taken the document to him at the time he was originally denying that he was the father. Most times, the guys just want to extricate themselves from an untenable situation and they will be willing to sign anything. A recorded tape of him denying paternity may also work IF she has a very good lawyer. |
Re: Culture Vs Legal Law: Who Owns The Child??? by asawanathegreat(m): 7:26am On Nov 24, 2017 |
Leave that child for him adopt another one for urself. |
Re: Culture Vs Legal Law: Who Owns The Child??? by GoHost: 7:29am On Nov 24, 2017 |
category: HAAA!. |
Re: Culture Vs Legal Law: Who Owns The Child??? by glosplendid(f): 7:33am On Nov 24, 2017 |
In Anambra....if you have a love child outside...without doing the proper traditional rites..you ain't entitled to the child...the child belongs to the father of the girl until she is married to another person then he/she will now belong to the girl's hubby.... 6 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by revolt(m): 7:40am On Nov 24, 2017 |
lilfreezy:what ardant nonsensical talk.....yes the guy was culpable but do you know what a step dad can do when Hus biological child is born? There's a strong possibility hell favour his when the chips are down. Why fight for another child that doesn't belong to you when the real dad wants the child?!!! I'm not understanding sha 2 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by WrathOfHadez(m): 7:41am On Nov 24, 2017 |
nkwuocha1:Most customs are unknown to law! And in law, marrying a mother and pregnant woman doesn’t make you a father of the child. And we must remember that while a court of law may acknowledge the biological father as responsible for the pregnancy , it may still deny him custody. Especially in the light of his irresponsibility. Still no law will grant the husband father status. So there are two things involved here: Custody of the child and paternity status. 4 Likes 1 Share |
Re: Culture Vs Legal Law: Who Owns The Child??? by donbenie(m): 7:41am On Nov 24, 2017 |
GoHost:So,what exactly is natural justice and equity and good justice about a man who rejected and denied a pregnancy and later turned around to claim what he NEVER wanted..which meanwhile,another man knowing fully well the baby ain't his biologically still accepts full responsibility of training the child..there's more to being a Dad than merely lying between a woman's legs.. Where I come from,he does not have any case as long as he didn't pay the bride price and he can go hang because he will never get a whiff of the child.. 2 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by naijaboiy: 7:43am On Nov 24, 2017 |
DaudaAbu:Even if she changes her story Millions Of Times, how would that disprove that the boy in question is the father of the child? When his DNA is fully existing in the child’s genes. 1 Like |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 7:54am On Nov 24, 2017 |
WrathOfHadez: Here is a vivid answer. But can the court grant the real father custody after a claim that he was never aware he was the true father of the child has the girl claim?Again knowing fully well that DNA takes a long time ,he can also claim he wanted a DNA test only to find out the girl got married to another man with his child? |
Re: Culture Vs Legal Law: Who Owns The Child??? by naijaboiy: 7:57am On Nov 24, 2017 |
donbenie:[b]That is the tradition in the place you come from. But the courts will not be bound by local customs 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] 4 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by naijaboiy: 7:58am On Nov 24, 2017 |
donbenie: [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] |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 8:00am On Nov 24, 2017 |
MrBottle: The boy in question NEVER told his family he got a girl pregnant. The issue came up after the said lady put to bed, but it was,too late as she is already married.The family is a good family and this,is beginning to tear them apart.The parents are not in talking terms with their son. |
Re: Culture Vs Legal Law: Who Owns The Child??? by revolt(m): 8:02am On Nov 24, 2017 |
donbenie:The other man is probably still naive . The pressures of marriage can create he HULK. |
Re: Culture Vs Legal Law: Who Owns The Child??? by Tamakay(m): 8:03am On Nov 24, 2017 |
rigor14: This Igbo tradition has outlived its importance and it is seen barbaric and archaic in the eyes of the law. I am saying this because there's was a similar case that happened and the man took them to court and all the three times he took them to court, he won the case. And now, the mother of the child and her family is begging the man just to have custody of the child for a while. |
Re: Culture Vs Legal Law: Who Owns The Child??? by WrathOfHadez(m): 8:03am On Nov 24, 2017 |
nkwuocha1:At the infantile stage of the child, the law will be justifiably bias in Favour of the mother. Infants need their mothers’ care like we need air. And no court will grant the runaway father custody at this stage. If I were the dude, I will go for acknowledgement of the child as mine by claiming she eloped with my child because she found a suitor who is richer. This will trigger a court ordering a dna test. When the child matures, then sue for custody. But it will be helpful if he can get evidence of neglect or parental irresponsibility especially from the mother to help his course. |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 8:04am On Nov 24, 2017 |
donbenie: Same thing applies where I come from.The boy is almost two years now and bears a Yoruba surname. |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 8:07am On Nov 24, 2017 |
WrathOfHadez: Elopement won't fly.She was nurtured and bills paid for by the Yoruba husband. Therefore the birth of the child and nurturing from time immemorial has always been the responsibility of the husband. |
Re: Culture Vs Legal Law: Who Owns The Child??? by emmie14: 8:12am On Nov 24, 2017 |
One compliments the other |
Re: Culture Vs Legal Law: Who Owns The Child??? by Tamakay(m): 8:16am On Nov 24, 2017 |
rigor14: Archaic and barbaric Igbo tradition. Is the new man paying bride price for the child or the mother he wants to marry? In the eyes of the law, this tradition doesn't exist. I have witnessed three cases of such and all, the men won the cases as the biological fathers. One, the girl's family members were even arrested for conspiracy to abscond with another man's son. 2 Likes |
Re: Culture Vs Legal Law: Who Owns The Child??? by bionixs: 8:17am On Nov 24, 2017 |
CakezbyMarie:most people here are just airing own personal opinions, sentimentally. The question is,what becomes the last possible accepted option in nigeria |
Re: Culture Vs Legal Law: Who Owns The Child??? by nkwuocha1: 8:18am On Nov 24, 2017 |
Adeoba10: The said boy is an only son,hence the legal battle for the family to claim their grandchild. |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 8:18am On Nov 24, 2017 |
lilfreezy: Fvck bride price! Which is more important, the child's best interest or bride price? I often wonder where you people have your brains. Nonsense! |
Re: Culture Vs Legal Law: Who Owns The Child??? by WrathOfHadez(m): 8:19am On Nov 24, 2017 |
nkwuocha1:Yes, we know elopement won’t even scale the legal huddle. The idea is to trigger a court ordered dna test. As the Yoruba man’s lawyer won’t even be stupid enough to cite customary practice to claim the child. 2 Likes 1 Share |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 8:20am On Nov 24, 2017 |
CakezbyMarie: Abeg put your emotions in check, the child's best interest is more important here. |
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 8:21am On Nov 24, 2017 |
ifyalways:
|
Re: Culture Vs Legal Law: Who Owns The Child??? by anigbajumo(m): 8:22am On Nov 24, 2017 |
Paying bride price of already peegnant woman now automatically guarantee him of claiming the child, is that not madness. No matter the amount he paid as bride price it can't change the gene of the biological father in the child.The biological father will win anywhere in the word base on DNA test. Simple!! 4 Likes 1 Share |
Re: Culture Vs Legal Law: Who Owns The Child??? by Jackipapa: 8:27am On Nov 24, 2017 |
I am not understanding! |
Re: Culture Vs Legal Law: Who Owns The Child??? by Tamakay(m): 8:28am On Nov 24, 2017 |
The law. This tradition is barbaric and archaic. This is the type of tradition that is causing baby factory in Igboland and should be stopped forthwith.I have witnessed three similar cases in court as regards to the paternity of a child simply becos the man has not paid bride price. And in all the three cases, the men won. |
I Accidentally Got My Sister Pregnant / Abia Couple Who Had Three Stillbirths In 5 Years Finally Welcomes Baby [pix] / Is My Dad Taking Advantage Of Me
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 62 |