Daily Law Tips (Tip 517) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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FACTORS THAT COURT CONSIDER BEFORE GRANTING CUSTODY OF CHILD TO ANY PERSON.
In every case of divorce, there will always be issues of custody of children of the marriage. Where will the products of the about-to-be-terminated union be kept and groomed until they become adults. Often times, for obvious reasons, both spouse seek to have custody but there are serious issues the court must consider before granting custody to any person in Nigeria.
“The position of the law in determining the issue of custody of children in Matrimonial Proceedings, the welfare of the children is of paramount importance and a vital factor, though not alone, to be taken into account. see OTTI v. OTTI (SUPRA); NANA v. NANA (2006) 3 NWLR (1966) 1; WILLIAMS v. WILLIAMS (1987) 2 NWLR (54) 66; ODOGWU v. ODOGWU (1992) 2 NWLR (225) 539. In deciding what the welfare of a child is, factors which have been considered relevant by the Court include: (a) degree of familiarity between the child and each of the parents respectively; (b) the amount of affection between the child and each of the parents, (c) the respective income and position in life of each of the parents (d) the arrangements made by the parties for the education of the child, (e) the fact that one of the parents now live as man and wife with a third party who may not welcome the presence of the child, (f) the fact that young children should as far as practicable, live and grow up together, (g) the fact that in cases of children of tender ages should, unless other facts and circumstances make it undesirable, be put under the care of the mother, (h) the fact that one of the parents is still young and may wish to marry and the child may become an impediment. These factors are only some to be considered and so each case is to be decided on the peculiar facts and circumstances placed before the Court in the proceedings. see LAFUN v. LAFUN (1967) NMLR 401 WILLIAMS V. WILLIAMS (SUPRA) ALABI V. ALABI (2007) 9 NWLR (1039) 297, AFONJA V. AFONJA (1971) 1 U.I.L.R. 105, ODOGWU V. ODOGWU (SUPRA).
Let me say that the award of custody of children is not automatically tied to the success of a petition or cross-petition in matrimonial proceedings. In other words it is not the law that a party who succeeds in the proceedings shall always be awarded the custody of the children of the marriage. The above factors and others which may be relevant in a particular case in the welfare of the children are always the parameters to be considered and used in the determination of the issue of custody of children.” Per AKINBAMI ,J.C.A ( Pp. 32-35, para. D )
My authority is the decision of the Court of appeal in the case of ADEPARUSI v. ADEPARUSI (2014) LPELR-41111(CA)
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