Do you want to understand the child custody law in Kenya? Here are the details child custody in Kenya in a simply elaborated language.
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The nature of child custody can either be legal or actual and in other instances both legal and actual child custody can apply.
Legal child custody is where the right to possess a child is conferred by a custody order awarded by the court while actual child custody is the actual possession of a child whether or not actual possession of the child is shared with other people. It is also referred to as physical custody.
However, there is a number of considerations by the Court in making custody orders.
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These include the child’s best interests, where the court makes decisions in favour of the child. The court also considers the child’s age, and their wishes as well as those of the parents. The court also considers the issuance of other court orders relating to the child among others.
In some instances, mothers acquire child custody if the child is still an infant and this is done in favor of the child’s needs. It may sound unfair as both parents have the right to the child’s custody but in similar occurrences, mothers are granted wider custody.
There are frequently asked questions on who can apply for a child’s custody. According to Kenyan law, only a guardian, a parent, or a person with a legitimate interest in the welfare of the child can apply for custody.
Types of child custody arrangements
In addition, there are types of custody for children’s arrangements. This includes;
Joint custody – where custody is shared between the parents or guardian share decision-making rights with regard to matters that may have a significant impact on their children’s lives.
Sole custody – where custody is granted to one parent and no custodial rights are granted to the other parent.
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Sole Custody with Access – Sole custody is granted to one parent and the other parent has a right to have the child visit or may visit the child in their home without taking custodial possession of the child.
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Custody arrangements under a parental responsibility agreement – this is custody as determined under the terms of the parental responsibility agreement. This custody arrangement will need to be adopted as a court order to be binding on either party who has equal parental rights at the onset.
