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Circumstances under which the mother can be denied custody for her children in favor of the father include:If the child is over 10 years and his or her wishes is to stay with the fatherIf the mother is unsuitable or unfit to take care of the childIf the child has suffered or is likely suffer any harm under the care of the motherEtc.A child under 10 years of age in Kenya is supposed to be under the custody of the mother unless there are exceptional circumstances.If you are in Nairobi, then this case can be filed at Milimani Law Courts as a civil case under the family division. If you are not in Nairobi, then go to the Civil Division of your nearest court. Your lawyer should advice accordingly.The average fee of filing a case without a lawyer is Ksh. 2,000.
The best thing is take this case to court so that you can prove that the father has a job. It is also important to note that even if the father does not have a job, he may still be required to pay for child support as the court may direct.
Yes, she can still file for child support. The most important thing is that you keep supporting the children as a parent. The argument that she left because of influence by friends will not matter much in a court case.
There are several options you can explore. One is to report the matter to the children's office in your county. They will get in touch with the children's father and try to get into an agreement on how much he will be contributing. If that does not work, then the next option is to file for child support. You can check this answer by Advocate Erick which explains how to file for child support.
It is important to owner such summons. It will be a nice venue for you to argue your case. Ideally, any man should take care of his children. If you are not able to for whatever reason, then you can give your reasons.