How Does the Law Protect Children of Divorced Couple in Nigeria – Olanlekan Natha-Alade
The body of blog goes herIn Nigeria, the law provides several protections for children of divorced couples, mainly through the Matrimonial Causes Act (MCA) 1970, the Child Rights Act (CRA) 2003, and other relevant laws.
1. Custody and Welfare of the Child
- Under the Matrimonial Causes Act, the court determines who gets custody based on the best interests of the child.
- The court considers factors such as the child’s age, health, education, emotional ties, and the financial capability of each parent.
- Generally, young children (under 7) are usually placed with their mother unless the court finds compelling reasons to decide otherwise.
2. Child Maintenance and Financial Support
- Both parents remain responsible for the child’s upkeep after divorce.
- The court may order one parent (often the non-custodial parent) to pay child maintenance to cover education, healthcare, and other basic needs.
- If a parent refuses to pay, legal action can be taken to enforce the order.
3. Protection from Abuse and Neglect
- The Child Rights Act (adopted in many states) ensures protection against physical, emotional, or sexual abuse.
- Any parent found to be abusive or neglectful can lose custody and face legal consequences.
4. Right to Parental Access and Visitation
- Even if one parent gets custody, the other parent has a right to regular visitation and access unless it is proven to be harmful to the child.
- The court may set specific terms for visitation if the parents cannot agree.
5. Right to Name, Identity, and Inheritance
- A child retains the right to bear the surname of both parents.
- They are entitled to inherit from both parents unless there is a legal will stating otherwise.
- Customary law may also play a role in inheritance matters, depending on the ethnic group.
6. Adoption and Guardianship Considerations
- If neither parent is fit to care for the child, the court may appoint a guardian.
- Adoption laws under the Child Rights Act provide legal procedures to ensure a child’s best interests in cases where they need a new home.
Would you like more details on a specific aspect?
Author: Olanlekan Natha-Alade
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