RIGHTS OF WOMEN TO CUSTODY OF CHILDREN IN NIGERIA: A LEGAL APPRAISAL

Abstract

In Nigeria, the legal framework governing women's rights to custody of children is primarily outlined in
various statutes that aim to address parental responsibilities and child welfare. The legal framework
governing child custody in Nigeria reflects a complex interplay between statutory law, customary
practices, and international human rights standards. The essence of custody, as articulated in various
judicial interpretations and legal definitions, revolves around the care, control, and maintenance of a
child, emphasizing both physical and legal aspects of custody. The overarching principle in the
consideration of child custody, is the child's best interest, which transcends the specific circumstances of
the custody dispute. This paper seeks to appraise the provisions of the law and practices in consideration
of child custody in Nigeria, and the impact on the welfare and development of the Nigerian child. This is
in view of the fact, that the child is mentally and physically immature, and needs proper development and
care. The work found that in many decisions of child custody, though factors such as conduct of parents,
parental wishes, age of the child, child welfare are put into consideration, the child usually bears the
brunt at the end of the day. It is recommended that custody decisions be made with a focus on the child's
best interests while balancing the rights and responsibilities of both parents.