The concept of sole custody is particularly important for parents who want to make decisions concerning their child’s welfare without reverting to the other parent. Through sole custody, one parent is allowed to exercise exclusive legal and physical custody over the child, thus giving them parental rights and responsibilities over the child. This guide looks into the enabling legislation and processes for acquiring sole custody in Nigeria.

In Nigeria, the concept of custody of children is regulated by the Matrimonial Causes Act, the Child’s Rights Act, and the various Child Rights Laws enacted by different states. These statutes ensure that the best interest of the child principle is paramount in any decision affecting the child’s welfare.

1. Consultation and Preparation of Documents

A parent may apply for sole custody either:

• Include it as an ancillary relief in a divorce or judicial separation proceeding, or

 • File an independent suit seeking sole custody.

Engaging the services of a legal practitioner proficient in family law is advisable. A lawyer will analyze the case, advise and prepare the documents needed for filing in court.

2. Filing a Petition or Originating Motion

The application for sole custody can be filed as part of a divorce or separation case at the State High Court. Alternatively, it can be initiated as an independent action through an Originating Motion filed at the High Court or Magistrate Court designated as a Family Court.

In some states, such as Lagos-Order 6, Rule 2, Family Court Civil Procedure Rules, 2012-and Oyo-Order 6, Rule 3, Family Court Procedure Rules, 2020-the Originating Motion shall be accompanied by the following:

Statement of Case: A summary of the facts of the case and the reliefs sought.

Affidavit of Facts: A sworn statement providing the basis of the custody claim.

Childcare Arrangement Statement: A detailed plan for the welfare of the child.

Supporting Documents, such as:

Marriage certificate, if any;

Birth certificate of the child

Evidence to prove that the grant of sole custody serves the best interest of the child

Statement of Truth A declaration stating that the information provided is true.

3. Service of Court Documents and Response

After filing, the court will see to it that the documents are served on the other parent, who will also get the chance to respond. This may include their position on custody and any supporting evidence.

4. Hearing at Court and the Decision

At the hearing, the court will consider both the applicant’s case and any response from the other parent (if filed). The factors to be considered in making the decision would include how the emotional and physical well-being will be served by the action; the capability of each parent to provide for the child’s needs, including a safe environment, and evidence of past neglect or abuse.

The court will then grant a sole custody if it is in the best interest of the child. This will clearly spell out the rights, duties, and responsibilities of the custodial parent.

Sole custody in Nigeria can be obtained through a thorough legal process, considered to be based on the paramount interest of the child. Each case being different, parents are advised to seek professional legal advice to better understand the intricacies involved in custody matters and increase their likelihood of securing custody.