CUSTODY OF CHILDREN: Position of the law in determining the issue of custody of children in matrimonial proceedings
"The High Court had rightly restated the position of the law in its judgment that in determining the issue of custody of children in matrimonial proceedings, the welfare of the children is of paramount importance and a vital factor, though not alone, to be taken into account. See Otiti v Otiti (supra); Nana v Nana (2006) 3 NWLR (966) 1; Williams v Williams (1987) 2 NWLR (54) 66; Odogwu v. Odogwu (1992) 2 NWLR (225) 539.
In deciding what the welfare of a child is, factors which have been considered relevant by the courts include:-
a) degree of familiarity between the child and each of the parents respectively,
b) the amount of affection between the child and each of the parents,
c) the respective income and position in life of each of the parents
d) the arrangements made by the parties for the education of the child
e) the fact that one of the parents now lives as man and wife with a third party who may not welcome the presence of the child,
f) the fact that young children should as far as practicable, live and grow up together
g) the fact that in cases of children of tender ages should, unless other facts and circumstances make it undesirable, be put under the care of the mother,
h) the fact that one of the parents is still young and may wish to marry and the child may become an impediment.
These factors are only some to be considered and so each case is to be decided on the peculiar facts and circumstances placed before the court in the proceedings. See Lafun v Lafun (1967) NMLR, 401; Williams v Williams (supra); Alabi v Alabi (2007) 9 NWLR [1039) 297; Afanja v Afanja (1971) 1 U.I.L.R. 105; Odogwu v Odowgu (supra)."
Per GARBA, J.C.A in
