Application for sole custody of a minor in Kenya

Application for sole custody of a minor in Kenya

Applying for sole custody of a minor in Kenya requires careful consideration and thorough preparation. The process is governed by the Children’s Act, which prioritizes the best interests of the child. If you are seeking sole custody, understanding the legal framework and necessary steps will help you build a strong case.

What is Sole Custody?

Sole custody means that one parent is granted full legal and physical custody of the child, with the other parent potentially having limited or no access. This arrangement is typically considered in cases where the other parent is deemed unfit or incapable of providing proper care.

Legal Grounds for Sole Custody

To obtain sole custody, you must demonstrate valid legal reasons why the other parent should not share custody. Some of the common grounds include:

• Neglect or Abandonment – If the other parent has failed to provide financial, emotional, or physical support for the child over a prolonged period.

• Abuse or Domestic Violence – Cases involving physical, emotional, or sexual abuse may warrant sole custody to protect the child’s safety and well-being.

• Substance Abuse or Mental Health Issues – If the other parent has severe substance abuse problems or untreated mental health conditions that could endanger the child.

• Incarceration – If the other parent is serving a prison sentence, they may be unable to fulfill their parental responsibilities.

• Failure to Exercise Parental Responsibility – If the other parent has consistently failed to be involved in the child’s life, the court may grant sole custody.

The Court’s Consideration: Best Interests of the Child

The primary factor in custody decisions is the best interests of the child. The court will evaluate:

• The child’s emotional, psychological, and physical well-being

• Stability and suitability of each parent’s living conditions

• The child’s relationship with each parent

• The child’s educational and healthcare needs

• The wishes of the child (especially if they are of sufficient age and maturity)

How to Apply for Sole Custody in Kenya

The process of applying for sole custody involves the following steps:

1. Filing a Custody Petition – You must file an application at the Children’s Court, stating your reasons for seeking sole custody.

2. Providing Supporting Evidence – Gather documents such as police reports, medical records, witness statements, and any proof of neglect or abuse.

3. Court Hearings – You may be required to attend court sessions, where both parents will present their cases.

4. Parental Assessment – In some cases, the court may request social workers or child welfare officers to assess the child’s living conditions.

5. Court Decision – After reviewing all evidence, the court will determine whether to grant sole custody based on what serves the child’s best interest.