Understanding Child Custody Laws in Kenya: What Every Parent Should Know
When a marriage or relationship ends, the question of who gets custody of the child can be emotionally and legally complex. In Kenya, child custody is governed primarily by the Children Act No. 29 of 2022, which upholds the “best interests of the child” as paramount.
1. Types of Custody
Legal custody: Right to make major decisions about the child's life.
Physical custody: Where and with whom the child lives.
Joint custody: Shared responsibilities between both parents.
2. Who Gets Custody?
Kenyan courts do not automatically favor either parent. However, children under 10 are often placed with the mother unless proven unfit. Fathers can also obtain custody, especially with stable income, residence, and emotional support structures.
3. Factors Considered
Emotional attachment to each parent
Parental behavior and history
Child’s age, needs, and preferences (if mature enough)
Stability of living arrangements
4. Role of the Children’s Court
Family disputes over custody are handled by the Children’s Court. It may also appoint a guardian ad litem to represent the child’s interests.
5. Visitation and Parental Rights
Even if custody is awarded to one parent, the other retains visitation rights unless deemed harmful to the child.
6. Modifying Custody Orders
Custody orders can be modified if circumstances change—such as relocation, abuse, or parental incapacity.
0 Comments: