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in General by
I have a girlfriend whom we got the daughter together. We we forced to marry in 2018, and we moved in Nairobi, leaving our daughter at home with my mum.
In 2020 we came back and stayed together, but later separated. The child's mother went back to her parents leaving the daughter with my mother.
Early this year, the child's mother was taken back to college and right now she's in college. While going to school she left the child with my mother.
Her parents lied to mum that she should allow them have the child for three days, which she agreed but unfortunately they refused to allow her back
I tried talking to them and they insisted they will live with her until their daughter is done with college. I did not agree with them, can I get the custody of my daughter?

1 Answer

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by (47.5k points)

It will be hard to get custody for a child below 10 years unless the mother is unsuitable or unfit to take care of the child or if the child is likely to suffer if she stays with her mother.

Gather enough evidence to show that the child will suffer under the care of the mother if you want to get custody.

We have responded to a similar question in detail here: When can a mother be denied the children custody in Kenya

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