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 father
- If the mother is unsuitable or unfit to take care of the child
- If the child has suffered or is likely suffer any harm under the care of the mother
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.