To this end, the law will always favour a party in whose hand the welfare, well-being and safety of the child can be better guaranteed. Ultimately, it is up to the parents to figure out what works best for them and their children. E-mail: thenigerialawyers@gmail.com, In the determination of the interest of the child in making a custody order, the court will take into consideration the ages of the children; the arrangements made for their accommodation, education, welfare and general upbringing, as well as the conduct of the claimants. Oklahoma Chapter 49. Children Born Out of Wedlock In most cases, the mother is awarded custody. If the father was married to the mother at any point, he might also be able to provide documentation of the marriage as evidence. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Ojo v. Ojo (1969) 1 All NLR 434, Apara v. Apara (1968) 1 All NLR 241.. From a practitioners point of view, having custody of the child/children is often a tough battle particularly for women coming out of a bad relationship or marriage. Customary marriage permits limitless number of wives, whilst Islamic Muslim law marriage allows up to four wives. Well, when parents are unmarried and have a child together, custody of that child can be complicated. F L O R I D A H O U S E O F R E P R E S E N T A T I V E S The determination of the welfare of a child is a composite of many factors. The report of the welfare officer is expected to cover all aspects of the life and welfare of the child in question. The father must respond to this petition, either agreeing to parentage or denying it. When expanded it provides a list of search options that will switch the search inputs to match the current selection. The application should contain sufficient grounds necessitating the application. A copy of a certificate of birth of the child shall be attached to the complaint. 12. At that point the relationship was all rosy, and everyone was happy. This work examined the legal status of the custody of children born outside wedlock in the Ikwerre of the Niger Delta. In order for 0000056110 00000 n This work recommended that there should be enactment of a law against producing children outside DISCRETIONARY POWERS OF THE COURT IN CUSTODY CASES However, even if he acknowledges the child to be his but cannot be seen to take good care of the child, the custody of the child will be awarded to the mother. Temporary Custody We are dedicated to providing our clients with exceptional service and support throughout the paternity and custody process. Although the mother owns the childs custody in most cases, a father can take certain steps to establish custody or visitation rights. from the father or mother. WebIn any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the alleged biological fathers response may assert a third-party action for the legitimation of the child born out of wedlock if the alleged biological father is, in fact, the biological father.