Legal Question in Family Law in Nigeria
I had a daughter seven years ago before getting married to another woman legally, ive been taking care of her since then, but ever since I got married her grand parents have been disturbing me even in the absence of her mother(travelled to oman for greener pasture) I even allowed them take her during holidays, but d last time they took her I was not aware bcos she was with my mum, since then they refuse bringing her back.
1 Answer from Attorneys
Good afternoon and happy new year Sir,
The best interest of a child is the paramount consideration of a court in granting custody. This means that if staying with you is in the opinion of the court the best option for the child, then the court will grant you custody.
You did not state if you were legally married to the mother of the child in question.
Have you been responsible for the welfare and upbringing of this child till date?
Usually custody of a child of tender years is granted to the mother but that rule is not cast in stone and since the mother is not around as you stated you can be granted custody.
The state you reside in Nigeria would also determine some factors that you need to consider in bring the application in court.
Now that the child is with the grand parents, have you been allowed access to her?
Its until the above questions are answered that I can give you proper advise.
I await your answers. For further enquiries and clarification feel free to contact me on [email protected]