Introduction
When parents separate or divorce, one of the most crucial decisions they must make regards the custody of their children. Custody entails the legal right to make decisions about a child. For instance where they live, their education, and their healthcare.
This article will provide a basic understanding of custody orders in Kenya, including the rights and obligations of parents along with the best approach to navigate the legal process.
Rights and Obligations of Parents
- Best Interest of the Child: The primary consideration in any custody decision is the best interest of the child. This means that the court will assess various factors, such as the child’s age, health, emotional well-being, and the ability of each parent to provide for their needs.
- Equal Rights: Both parents have equal rights to custody unless one parent is deemed unfit or unable to provide a safe and stable environment for the child.
- Joint Custody: If both parents are suitable, the court may grant joint custody. Both parents share responsibility for the child.
- Factors Considered: The court will consider several factors when making a custody decision, including:
- The conduct and wishes of the parents
- The child’s wishes (especially if they are older)
- Whether the child has suffered or is likely to suffer harm
- Other relevant factors on a case-by-case basis
Approaching the Court
- Mediation: Before going to court, consider mediation. This is a voluntary process where a neutral third party helps parents reach an agreement on custody and other related matters. Mediation can often be a more amicable and less stressful way to resolve disputes.
- Court Proceedings: If mediation fails, the case will proceed to court. The court will hear evidence from both parents and may appoint a child welfare officer to investigate and report on the situation.
- Custody Order: The court will then issue a custody order that outlines the rights and responsibilities of each parent, as well as visitation schedules and other relevant details.
Important Considerations
- Child’s Welfare: Always prioritize the child’s well-being.
- Communication: Open and honest communication between parents is essential for the child’s emotional health.
- Flexibility: Be prepared to be flexible and adaptable, as circumstances may change over time.
Conclusion
Custody matters can be emotional. Understand the rights and obligations, seek legal advice, and prioritize the child’s best interests, and work towards a positive outcomes.
