The forum for applying for custody is the High Court, specifically, the Family and Children’s Court Division.
The person seeking custody should file a petition to the Family and Children’s court supported by an affidavit. The petition the facts should indicate why you deserve custody of the child and how your custody request will be in the best interest of the child.
The petition is then served on the other party who is expected to reply to the averments in the Petition.
The order for granting the custody can be made on such conditions as Court may deem fit.
• In the petition for custody, one can make additional prayers luje supervisory orders, care orders and maintenance orders.
• Also if one has custody of the child, there is no need to apply for a custody order. However, one can apply for a maintenance order.
• The court may at any time revoke the grant of custody to one person and make the grant to another person, institution, or organization.
• The court shall in reaching its decision primarily consider the welfare of the child.
• Where the court is satisfied on the information from probation and social welfare officer or an officer of the local government that the parent who has custody of the child is willfully neglecting or mistreating the child, custody shall be granted to the other parent.
In conclusion, the party must prove by producing enough evidence that he or she has a relationship with the child akin to that of a parent that parental custody would clearly be detrimental to the child if not granted and the best interest of the child is paramount.