Child custody often involves complex and varied situations. We have seen instances where children are divided between parents, all children are placed with one parent, or in some cases, custody is awarded to a responsible third party. Sometimes, parents may lack the will or ability to fight for custody, leaving children to abide by the court’s decision. It is important to note that both parents inherently have rights to access and keep custody of the child until the court decides otherwise.

The law recognizes several types of custody arrangements, which the court can implement based on the specific circumstances of each case. These include:

Divided Custody: Common in Nigeria, this type involves the child living with each parent at different times throughout the year, such as during holidays or school breaks. During their respective periods, each parent has full control over the child.

Split Custody: This arrangement grants one parent custody while the other has care and control of the child. The custodial parent makes major decisions about the child’s future, while the other parent handles day-to-day upbringing.

Joint Custody: Here, both parents share responsibility and authority over the child. They participate in making significant decisions, like those regarding education and medical care. Joint custody doesn’t necessarily mean equal time sharing; it depends on factors like the child’s age and the parents’ availability and cooperation.

Temporary Custody: This is granted to a parent temporarily during divorce proceedings. It can be requested by either party and may be issued urgently or through a standard notice, depending on the situation’s urgency.

Third-Party Custody: When neither parent is deemed fit or interested in the child’s welfare, the court may award custody to a third party, either temporarily or permanently, in the child’s best interest.

In deciding custody during divorce proceedings, courts prioritize the child’s best interest, considering factors such as:
– Age and gender of the child
– Child’s wishes
– Education and religious upbringing
– Parents’ conduct
– Adequacy of care arrangements
– Medical and psychological needs
– Nationality of the parents
– Equality of parental roles

Ultimately, the child’s best interest is the most important consideration in custody decisions.

This article provides a general overview of the subject. Please contact us directly for any specific legal assistance.