Men Now Have The Right To Custody Of Children Below 9 Years
By Lynnet Okumu / Published April 7, 2022 | 3:00 p.m
According to the latest High Court ruling on the matter, parental responsibility should not automatically go to women when children are tender aged.
During a divorce, parents might not agree on custody issues, or one parent might not trust the other with the children.
On the order of a judge or at the request of a parent, a child custody evaluation may be held. The purpose is to determine if allowing one or both parents custody is in the child’s best interest, or if the child’s health, safety, and welfare are at risk.
In most cases, the courts will grant child custody to the mother of the child until 18 years old. This is according to the Children’s Act of 2001 which deems them as best able to take care of very young children for they know their interests and needs.
This issue has however brought hot debate. Fathers have felt sidelined for the longest time now, citing that they also know their children’s interests and needs.
In past, fathers had the right to apply for custody of a child below the age of 9. But the court could only award sole custody to the father depending on the manifest unfitness of the mother.
The court would determine the degree of access of the father in instances where physical custody is awarded to the mother. In other instances, where the court is satisfied, it will grant joint custody of the child to be shared by both parents. But never the farther alone.
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