Legal and Societal Considerations in Determining Child Custody Arrangements During Divorce Proceedings in Nigeria

Abstract

Child custody arrangements during divorce proceedings in Nigeria are shaped by a complex interplay of legal frameworks and deeply rooted societal norms. The determination of child custody arrangements during divorce proceedings is a complex and sensitive issue in Nigeria, with significant legal and societal implications. This paper examines the legal and societal considerations that influence child custody decisions in Nigeria, with a focus on the tensions between the best interests of the child, cultural and religious norms, and the rights of parents. The paper also explores the role of the judiciary in navigating these conflicts, highlighting how courts attempt to balance legal mandates with cultural realities. Despite progressive legislation, enforcement remains inconsistent, particularly in rural areas where traditional practices hold significant sway. Additionally, the lack of awareness among parents about their legal rights and the best interests principle further complicates custody arrangements. This paper argues for a more harmonized approach that respects cultural values while ensuring the protection of children's rights. It calls for increased public education on custody laws, greater sensitivity to gender equity in judicial decisions, and reforms to address gaps in the legal framework. By addressing these challenges, Nigeria can better safeguard the welfare of children in divorce proceedings, ensuring that custody arrangements prioritize their emotional, psychological, and physical well-being.