Understand how child custody cases work in the Kenyan law: When couples are divorcing, one of the issues that is likely to arise is who is to live with the children. In most cases, the courts will grant child custody to the mother of the child. This is according to the Children’s Act of 2001. However, the cases on child custody are based on certain rules and will vary depending on the circumstances. Here is a look at some basic information on child custody in Kenya.

[toc]

What is Child Custody?

Child custody implies the parental duties and rights where the possession of a child is concerned. Child custody can be divided into two: legal and actual custody. Legal custody is granted to one person or several through a custody order. Actual custody the actual possession of a child even before the court determines it.

Who Gets Custody?

The law usually grants the mother custody of the child until he/she is aged 18 years. However, custody may be given to any of the parents, guardian, or any person who applies for custody with the consent of a parent/guardian. Custody may also be given to someone who’s had actual custody of the child for at least three years before applying for legal custody.

Who Offers Financial Support (maintenance)?

The court will order the child’s parent to offer financial support after considering their financial means. The court will usually examine the past and present living standards of the child before making an order for financial support.

How Does The Court Rule a Child Custody case?

Section 4 (3) of the Children’s Act requires that any order on child custody be made with the best interests of the child in mind. Any act on child custody is deemed to have met these standards if it safeguards the rights and well-being of the child.

What Happens When The Custodian Dies?

If the custodian of the child passes on, the other parent who was denied custody does not automatically become the child’s custodian. The parent who was deemed unfit to be custodian may be entitled to legal custody if the court orders it. The child’s father may have custody of a child even though he was not married to the child’s mother. If the father of a child dies, the child’s mother can exercise parental responsibility alone or with the help of a guardian who was appointed by the father before his demise.