Legal Question in Family Law in Nigeria

I’m a single mum of 2 boys, ages 13 & 10. I was never married to their to father. My sons live with me but Something strange happened last week. Their father requested to see our 13 yr old son just for a few days but after one he refused to release the boy back to me. I have just found out a few minutes ago that he has enrolled my son in a new school.

I’m distraught! I don’t know what to do!

I want my boy back. I’m thinking of taking a legal action regarding this. Would i be granted full custody if my kids?

Note: I have been the financial pillar for my sons for 18months.

I have a good job and i live with my mum so she helps me with the kids when I’m at work or out of town for official duties.

Please help me! What do i do?

Asked on 1/25/18, 1:53 pm

1 Answer from Attorneys

Rotimi Ogunlade Rotimi Ogunlade & Associates

A court of law will not grant you full custody of the child when the father is alive and available except you can prove that the father is a threat to himself and the child or grossly irresponsible.

Also a male child of 13 can not be said to be a child of tender years who most likely will stay with the mother.

The Court would most likely grant shared custody of the child to you and the father on agreed terms.

Based on this you could file an action in court for custody but I sincerely doubt you would get full custody.

Another question that would determine whether you get custody or not is the opinion of the child in question. If he is asked who he wants to stay with by the Judge, do you think he would say he prefers to stay with you.

For further assistance in taking legal action feel free to contact me on [email protected]

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Answered on 1/25/18, 10:39 pm

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