In Kenya, the legal considerations for applying for sole custody of a minor are governed by the Children Act, which provides guidelines on child custody and protection. Here are some of the legal considerations to keep in mind when applying for sole custody of a minor in Kenya:
- Legal grounds: The person seeking sole custody of a minor must have legal grounds to do so. This may include evidence of abuse, neglect, or abandonment by the other parent.
- Best interests of the child: The court will consider the best interests of the child in making a decision about sole custody. This may include factors such as the child’s age, health, education, and relationships with both parents.
- Evidence: It is important to provide evidence to support your claim for sole custody. This may include documentation of the other parent’s behavior, such as police reports, medical records, or witness statements.
- Court process: The process for obtaining sole custody involves filing a petition with the court, attending court hearings, and providing evidence to support your claim. It is important to have legal representation to help you navigate the court process.
- Parenting plan: The court may require the applicant for sole custody to submit a parenting plan that outlines how the child’s needs will be met, including matters such as education, healthcare, and visitation with the non-custodial parent. This can take the form of a Parental Resposibility Agreement.
- Child’s opinion: The court may consider the child’s opinion if they are of sufficient age and maturity to express a preference.
If you would like to apply for sole custody of a minor in Kenya, please contact us at firstname.lastname@example.org.