Lawyer, Leslie Fiadoyor, has explained what the law says about child custody and factors the court considers when considering such cases.
He explained child custody as basically the right the law gives a person to keep a child, and care for them. He noted that it only comes about when the person involved is a child as one can’t have custody over an older person in Ghana.
In an exclusive interview with Nana Yaw Odame on e.tv Ghana’s ‘Men’s Lounge Show’, he said, “It usually only comes about when there’s some sort of proceedings to dissolve a particular marriage or separation. But, whatever it may be, there has to be a legal pronouncement because you don’t just get up and unilaterally have custody over a child. It has it’s own legalities surrounding it.”
Talking about some factors the law considers before considering the custody of a child, he asserted that, the welfare of the child is paramount and that is what every judge will base their judgment on.
“Here, the welfare of the child is defined and reduced to the maintenance of the child like payment of school fees, growing up in a good and safe environment, getting basic clothing, food, health and should have all the basic necessities of life, he said.
Responding to what most male victims say about never getting custody of their children, he stated that it is not what the law says. He explained the law as being gender neutral hence, “a man can be awarded custody and a woman can also be awarded custody.
But what the court considers most is the welfare of the child. If granting access to the man would improve on or secure the welfare of the child as it should then, custody will be awarded to the father and vice versa,” he educated.
He furthered that basically, all a parent needs to have in order to be able to win a child’s custody is the basic amenities.
“Also if there’s already a sibling living with one of the parents and we know it is difficult to detach siblings. So, if there’s a presence of a sibling then it is advised the able parent taking care of the other takes care of both because of the psychological effect it can have on the child knowing that his or her sibling is elsewhere and he or she is also elsewhere,” he mentioned.