AN APPRAISAL OF ISSUES RELATING TO CHILD CUSTODY IN NIGERIA
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Abstract
The modern tendency of the law is to recognize that children are indeed people. The Children Act 1989 defines a child as a person under the age of eighteen, this is similar with the Child Right Act, 2003. Custody is a concept inclusive of maintenance. Custody, surely concerns the responsibility of the spouse for the child in regard to the child's needs, food, clothing, education or instruction and the like. In Nigeria, child custody legislation is that the welfare of the child should be the first and paramount consideration of the court in child custody disputes. The following legislations govern child custody in Nigeria:
a. The Matrimonial Causes Act, (MCA) 1970
b. The Child's Rights Act, 2003
c. The Infants Law, 1958
The researcher wants to appraise the issues relating to child custody under the following areas:
1. Child Custody before/after divorce
2. Child custody in non-divorce situations; child adoption, fostering and guardianship/ward-ship
3. Socio-cultural perceptions on child custody in Nigeria. The context of divorce/separation of child's parents may arise where there is a breakdown or discord in
the relationship of child's parents which could lead to an action for child custody in court. Fostering involves giving parental care to a child who is not one's natural or legally adopted child Adoption severs the legal relationship between the child and the natural parents or guardians. Child's Rights Act 2003 makes provision tor adoption and this is reflected in the laws of states which have passed similar legislation. Guardianship is provided for in Part IX of Child's Rights Act 2003. A guardian is one who has legal authority and duty to care for another person or property especially because of the other's infancy, incapacity or disability. The researcher also looks at the negative perceptions on child custody in Nigeria and provides criticisms.
a. The Matrimonial Causes Act, (MCA) 1970
b. The Child's Rights Act, 2003
c. The Infants Law, 1958
The researcher wants to appraise the issues relating to child custody under the following areas:
1. Child Custody before/after divorce
2. Child custody in non-divorce situations; child adoption, fostering and guardianship/ward-ship
3. Socio-cultural perceptions on child custody in Nigeria. The context of divorce/separation of child's parents may arise where there is a breakdown or discord in
the relationship of child's parents which could lead to an action for child custody in court. Fostering involves giving parental care to a child who is not one's natural or legally adopted child Adoption severs the legal relationship between the child and the natural parents or guardians. Child's Rights Act 2003 makes provision tor adoption and this is reflected in the laws of states which have passed similar legislation. Guardianship is provided for in Part IX of Child's Rights Act 2003. A guardian is one who has legal authority and duty to care for another person or property especially because of the other's infancy, incapacity or disability. The researcher also looks at the negative perceptions on child custody in Nigeria and provides criticisms.
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