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Culture Vs Legal Law: Who Owns The Child??? - Family (2) - Nairaland

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Re: Culture Vs Legal Law: Who Owns The Child??? by ifyalways(f): 7:18am On Nov 24, 2017
CakezbyMarie:
Yes! He denied her, right now he has no right whatsoever another man has paid for the total package..
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.

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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:

The step father cannot legally adopt the child unless there's a written, signed and stamped document proving the biological father is dead or/and does not want the child.

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:
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 now dowry
3) There was no registration of marriage (marriage registry)
However, the foster father took responsibility of the pregnancy (even though he was nos 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!!!


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....

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Re: Culture Vs Legal Law: Who Owns The Child??? by revolt(m): 7:40am On Nov 24, 2017
lilfreezy:
The guy didn't pay any bride price. He impregnated the young girl and didn't take full responsibility, and now he wants the child? See ehn if na my people dem for locate the guy and his family and deal with him for opening his mouth.
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

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Re: Culture Vs Legal Law: Who Owns The Child??? by WrathOfHadez(m): 7:41am On Nov 24, 2017
nkwuocha1:


This was my argument, but my parents shut me off.They insisted the real father has no rights whatsoever on the child.
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.

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Re: Culture Vs Legal Law: Who Owns The Child??? by donbenie(m): 7:41am On Nov 24, 2017
GoHost:
The law will not allow a custom or tradition that is repugnant to natural justice, equity and good conscience to prevail.

Though the guy was wrong to have denied his child, the law will not grant paternity to another person because of that. At best, the Court will not grant "Custody" of the child to him because he has acted irresponsibly, and cannot be guaranteed to have the "best interest of the child ".

Be informed, that the Court has ruled in several cases that "a tradition that gives to another man a child that is not his is repugnant to natural justice "

If it gets to trial, there is this rebuttable presumption that the child birthed during the pendency of a marriage is the "child of the marriage" (with exceptions though). Once that presumption is challenged, there will be a visit to the Lab for DNA test.

However, since the argument ain't between two men claiming to have impregnated the lady, paternity is in fact not in issue here. I do not see a "NIGERIAN" Court granting paternity to another man cause the real father bailed.


**********
But the child sef go gree acknowledge that type of father?

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..

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Re: Culture Vs Legal Law: Who Owns The Child??? by naijaboiy: 7:43am On Nov 24, 2017
DaudaAbu:

which One be real father here. The pregnancy that he has denied?

And if the lady too can jst change her story ajd say its a mistake he is not the real father she jst wanted to tie him down before, then that is all
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:
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.

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:
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..
[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]

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Re: Culture Vs Legal Law: Who Owns The Child??? by naijaboiy: 7:58am On Nov 24, 2017
donbenie:
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..

[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:
That family needs to be poisoned for having the effrontery to ask for " their rejected fetus".

I don't know about any law but that's my own natural law to apply in this case.

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:
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..
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:
Culture, the man who paid the bride price owns the child, if they are all Igbos, then he should know that the child belongs to the new man (husband).





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:


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?
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:
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..

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:
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.

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:
Culture, the man who paid the bride price owns the child, if they are all Igbos, then he should know that the child belongs to the new man (husband).





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.

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Re: Culture Vs Legal Law: Who Owns The Child??? by bionixs: 8:17am On Nov 24, 2017
CakezbyMarie:
He rejected the baby..Soo new husband is the father
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:
I don't know whats wrong with some men and all these slay queen. What about if the lady has aborted the fetus then, will he be asking for any child now..... So after dodging his responsibility to pay natal and anti natal fee, he's now coming forward to claim his child.... In order no to jeopardize the innocent boy future, let them hasten with the boy travelling processing and take him out of the country....

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:
The guy didn't pay any bride price. He impregnated the young girl and didn't take full responsibility, and now he wants the child? See ehn if na my people dem for locate the guy and his family and deal with him for opening his mouth.

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! cool
Re: Culture Vs Legal Law: Who Owns The Child??? by WrathOfHadez(m): 8:19am On Nov 24, 2017
nkwuocha1:


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.
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.

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Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 8:20am On Nov 24, 2017
CakezbyMarie:
He rejected the baby..Soo new husband is the father

Abeg put your emotions in check, the child's best interest is more important here. undecided
Re: Culture Vs Legal Law: Who Owns The Child??? by omooba969(m): 8:21am On Nov 24, 2017
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.

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!!

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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.

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