CUSTODY OF CHILDREN OF THE MARRIAGE: AN APPRAISAL OF THE LAW AND JUDICIAL AUTHORITIES ON THE GRANT OF CUSTODY OF A CHILD IN MATRIMONIAL DISPUTES IN NIGERIA
Introduction In matrimonial disputes, the custody of children of the marriage is usually of paramount importance to the parties. This article explores the position of the extant statute with regards to custody of children, the factors taken into consideration by the Court in granting custody of a child or children and the grant of joint custody. Who is a Child? Under the Child Right’s Act of 2003, a child is defined as a person under the age of eighteen (18) Years. Similarly, the African Charter on the Rights and Welfare of the Child defines a child as a human being below the age of eighteen years (18). Custody concerns control, preservation and care. Custody of a child connotes the responsibility for a child’s person, physically, mentally and morally. Custody of a child also extends to the provision of a child's needs, food, clothing, education, instructions etc. [1] In the grant of custody of children, only children below the age of 18 years ...