CHILD CUSTODY & MAINTENANCE UNDER KENYAN LAW.
Child custody is always an emotive issue when the relationship between the parents has broken down. When the parents of a child do not agree as to who will stay with the child, the resultant dispute is a child custody dispute. Issues involving child custody will normally also attract resultant questions with regard to who maintenance of children and child support. The purpose of this article is to enable the reader to be able to distinguish between child custody and child support, as well as to understand the law as is applicable to both.
CHILD CUSTODY CARE AND CONTROL
Section 81 of the Children’s Act Number 8 of 2001 Laws of Kenya, defines child custody to be “so much of the parental rights and duties as relate to the possession of the child“. Care and control means “actual possession of a child, whether or not that possession is shared with one or more persons.”
Child custody is further divided into 2 types of custody:
- Legal Custody:- This refers to rights and responsibilities that are conferred on by a custody order. These include the responsibility to maintain a child. It is only a parent who has been given legal custody of a child, that is liable to pay child maintenance. This is the reason why most court orders in matters involving children will first grant joint legal custody before proceeding to deal with actual custody of the child and maintenance.
- Actual custody:- Actual custody of a child is synonymous with care and control of a child. It is the actual possession of a child whether or not the possession is shared with the other parent or any other person. Thus whoever the court gives actual custody of the child, is the person who will live with the child.
The court is always guided by the best interest of a child while making a determination on which parent to grant actual custody. Under this principle, case law is settled that a child of tender years, i.e. a child under the age of 10, is at first instance to be given to the mother, unless it can be proven that the mother is unable to take care of the child, or is even a threat to the child.
However, Section 83 of the Children’s Act sets out the following principles guiding the court in making a custody order. The court must consider the following:
- The conduct and wishes of the parent or guardian of the child
- The ascertainable wishes of the relatives of the child
- The ascertainable wishes of any foster parent, or any person who has had actual custody of the child and under whom the child has made his/her home in the last 3 years before the application to the court.
- The ascertainable wishes of the child.
- Whether the child has suffered any harm, or is likely to suffer any harm if the order is not made,
- The customs of the community to which the child belongs.
- The religious persuasions of the child
- Whether a care order, or a supervision order, or a personal protection order, or an exclusion order has been made in relation to the child concerned and whether or not those orders remain in force.
- The circumstances of any sibling of the child concerned; and of any other children of the home, if any.
- The best interest of the child.
Once the court considers all the above, it will then proceed to make a custody order. Many times a court is guided by official inquiry reports made by Child Services, who then decide whether or not to recommend either parent to have custody of their child.
CHILD MAINTENANCE
Child maintenance refers to the duties of parents to provide for the basic needs of the child. The basic needs are listed in Section 23 of the Children’s Act as :
- Food
- Shelter
- Clothing
- Education
- Medical provision
Article 53 (1)(e) of the Constitution provides that a child has the right to equal responsibility from both parents to maintain the child. On this basis, the Children’s Court will take into account the above needs of the child and then split the needs equally between the parents by the consequent making of a maintenance order.
Under Section 76 (3)(f) of the Children’s Act, the court is mandated to consider the financial ability of each parent to maintain the child. To this end, courts usually ask both parents to swear an affidavit of means which shows how much the parent earns in a month, vis a vis how much the parent spends.
Where either parent violates a maintenance order, it is treated as contempt of court, and the violating parent risks jail term on the same.
CONCLUSION
In conclusion, the guiding principle behind the making of either a custody or maintenance order is the best interest of the child. Once parents take this into account, it redudes the potential of lengthy litigation in court on matters involving child support and custody.
Like!! Thank you for publishing this awesome article.
I have two kids of which both of them other men claimed to be theirs. Different mother’s. Both mothers slept with other men when they were pregnant. And they lied about the biological father. What should I do about that. First woman I did not marry and She’s staying with my first daughter but the child birth certificate is under the other man’s name, the second woman I married her legally and after she betrayed me and we divorced. My daughter suffered very much, she even threatened to kill her and then commit suicide. I took my second daughter and she’s under my protection. After that she keeps on threatening me that she’ll go to court, do you think I’ll loose my daughter, because she’ll suffer in her hand. The first child her mother refused to change her birth certificate so I decided to stay quiet till I do DNA. Answer me please
Dear Ahmed
Many thanks for your question. This would need a very comprehensive consultation which we cannot undertake on this platform. We have sent you an email for the purpose of setting up the consultation.
We look forward to being of service to you.
Kind regards.
Hello how can I reach you I need to talk to you that’s my contact 0757919431
Hi
I have a Kenyan partner with two children who live in Kenya. Iam a British Citizen (No longer a resident) and not living in Kenya or a resident or citizen. I have been sent a demand letter from my partners lawyer asking for money more than i have been sending. I have sent money all the time right up too this month. My question is how do i reply to this and does any Kenyan laws apply to me if iam not a resident or citizen and not living there
Hello Anth, it is not normal practice for lawyers to send demand letters in children matters. If your child is still in Kenya, the Kenyan courts can exercise jurisdiction regardless of your absence from the country. It is also possible to enforce money orders outside Kenya depending on the country you are in. Should you be interested we can discuss more in a consultation session. Would you be open to that?
Kind regards.
Thanks 👍😊
Hello Ahmed, I need help. Do I have a right to apply for a restraining order against the father of my child. Since conception of this child he has not been there. He has been absent since I conceived and developed health complication so the doctor advised that I be restrained from all heavy duties including s*x until the baby had settled in the uterus. This made him ununderstanding what he wanted was s*x even if it would cost him my life or the life of the child. He called it a legal right not minding whether this legal right would make him lose his child and wife. So he started maltreating me and to date there is nothing that my child has that was bought by him. Absolutely nothing. My son is at the age where he is about to start walking and his father has been absent in all his responsibilities. Please advise.
hi,i have a similar case.my husband’s infidelity made me to quit our marriage of 10 years in 2020 sep.from then he hasnt been responsible to our two kids aged 9 and 4yrs.what can i do so that he can take some of the responsibility..he moved in with another woman and blocked me on all contacts.help
Hello Emily, Thank you for reaching out to us,
Kindly assist us with your phone number and one of our lawyers will reach out to you for more information and assistance on child support.
You can also reach us via 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you
I’m a certified professional mediator practicing on family matters. I have handled quite a number of these disputes. It is true that the primary interest is the child’s. In my experience, the reason for disputes is because every parent presents their personal issues camouflaging them as an interest in the child. One has always to move the dispute to the real issue which is both parties have differences they are unable to resolve or communicate to each other. Unlocking the dispute in this way causes the parents to see selfish interests versus their children’s interests.
This is very true Anthony. It is always very important to have a child centered approach.
Hi i need some advice on child support lodged in fida
Good afternoon.
Thank you for reaching out to us to assist you on our matter.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers. We look forward to touching your life.
Am married since 2012 and we have a girl 8yrs old, my wife and kid left my house last month and she has not taken her to school yet for the second term. We went for mediation on children’s office but this week but we didn’t agree on anything. I was given a letter to take to’ think government lawyers in Nairobi KSC house and told to go back next week. Please advise me what to do. Thank you.
hi Ngasha..would love a consultation with one of your lawyers. my email is futureladders@gmail.com
Hello Dan, I trust that you’re keeping safe,
Our customer care team will be reaching out to you,
You can also reach us on 07 43 235 923/07 23 313 833 for assistance.
Hi did get any help at fida? Kindly i am asking because i am in the same situation. Will really appreciate feedback. Asante
It is good to have the interest of the child at heart. But we fathers we have been pinned down by the law because sometimes we cant factor in the idea of Childs’ best interest. If i may ask under what circumstances can a father be granted the custody of his child
Dear David,
A father can be granted custody when it is in the best interest of the child. This is more so where it is demonstrated that the mother is harmful, dangerous, or negligent with regards to taking care of the child.
Kind regards.
Hi, how do someone go about it when it comes to a case of infidelity? Can a father be allowed full custody of a child when the wife is cheating, please i need your help, contact me on 0704640482. As soon as possible
Dear Kennedy
That depends on many factors. Please call me on 0723313833 and I will advise you. However, on a basic level, infidelity by itself without other factors is not enough to deprive the mother of custody.
Elvis have a big issue on kids custody.my ex wife ran way with the kids and i cant access them. How can i legally acquire their custody
please reach me through 0704869963.i will appreciate a lot
Dear David,
Many thanks. My office will be calling you soon.
Kind regards.
Hi Elvis ,I have an issue with upkeep of a child,my partner ran away from my house to other place ,in last three months always demanding in which I send her certain amount but still arguing she needs more due to my reasons I can’t send her more money because she has interest on it not for a child ,I requested to meet my child by she decline reaching a place where she says better to assume I die from accident and the she proceeded for children office that am not responsible for the child
Hi Elvis,i have an issue of the child upkeep and my case is in the court.My wife of 11 years decided to leave our matrimonial marriage after planing to get a job on the Arab countries. She thought that she will survive without me but after leaving my house she immediately run to the children welfare and demanded for the deduction of my salary. Since 2017 up to now the case is in court demanding to be given 1/3 of my salary.my 1st born is in form one and i’m the one paying school fees.She is trying her all means to make sure that im not working and my worry is how will i pay fees for my boy if i resign because of frustration.kindly assist.
my phone number 0786280523
Hello Godfrey, someone from our office will be calling you. thank you
Hello Godfrey, Sorry on what you’re going through, it is possible to have shared child custody and shared child support, for more advise and directions on how to go about it. Kindly book an appointment with our advocate any day of the week from Mon-Fri 8AM-5PM at a fee of 4000Ksh, Kindly note that this meeting can happen virtually or physical. Please reach us on 07 43 235 923 or 07 23 313 833. Looking forward to being of service to you.
Hello, I’m Catherine, My baby daddy refused to take care of my baby because we separated, what do I do
0742296974
Hello Catherine
In such a case, you have the right to institute child support proceedings against him at the children’s court. We will reach out to you to see how we can be of help.
Greetings,
I need some advice on how to go about the process of getting my kids back. I recently got divorced and my wife took the kids with her. She went and got a job which means my kids are being raised by a maid. Just the other day she wrote to me and told me she was having problems with the maid. Apparently, the maid has not been taking good care of the kids to the point they even fell ill as a result. She now wants to get rid of the maid and enroll them in a daycare of which I am against. I would like to get custody my the kids and take care of them myself cause I work from home. What is the best way to approach this?
Hello Joseph, thank you for reaching out to us. We have responded to you via the email provided, kindly check and revert for more assistance. You can also reach out to us via our phone number 07 43 235 923. We look forward to being of service to you.
How can I reach you
Hello Abraham,
You can reach us through e-mail on info@begislaw.com, or through phone number 0723313833.
Hi am lewnora Atieno Okongo, am 24 years old, i want report my case. I have a 11 months baby with a Nigerian man, before i got pregnant he went to see my parents, when i got pregnant he sadly changed, he sent me a way from the house now he is not talking responsibility of the child may until i give him some threat of police and he is here in kenya out thename we are married. Please help me so that he can take every responsibility of the child even if we are not together, this is baby is my blood and i can never allow my blood to suffer because he is the future of tomorrow 😭🙏
Hello Lewnora, am sorry on what you’re going through, yes it is possible to have child support from the father of your child, For more advise and direction on how to go about it, Kindly book an appointment with our advocate any day of the week from Mon-Fri 8AM-5PM at a fee of 4000Ksh, Kindly note that this meeting can happen virtually or physical. Please reach us on 07 43 235 923 or 07 23 313 833. Looking forward to being of service to you.
Hi Elvis ,I have an issue with upkeep of a child,my partner ran away from my house to other place ,in last three months always demanding in which I send her certain amount but still arguing she needs more due to my reasons I can’t send her more money because she has interest on it not for a child ,I requested to meet my child by she decline reaching a place where she says better to assume I die from accident and the she proceeded for children office that am not responsible for the child
Hello Sammy, thank you for reaching out to us and we sympathize with you through everything that you may be dealing with. We have responded to you via the email provided and your response will be highly appreciated for more assistance. You can also reach out to us via our phone number 07 43 235 923. We look forward to being of service to you.
Am Davy,, my wife made away with my baby boy, how will I have a custody of him
Hello Kimanz,
Thank you for your patience while awaiting a response from us.
Our front office will be touch with you in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
Hello How can you help when you have a case of Child custody…
Hello Job,
We can help you work out the child custody case. Kindly share your number for ease of communication.
Please help, I separated from my partner due to irreconcilable difference but he’s kept coming to my place. Whenever he comes and I disagree with him on whatever, he takes my 3year old girl away for a while. Now, he took her almost a month ago, he doesn’t pick my calls,he doesn’t respond to my texts, I have asked his friends and family to talk to him to bring back my child but no response. I went to the police, they contacted him but he hang up and never picked their calls again. I have taken care of the child single handedly ever since I was five months pregnant with her through to now he never supported her. I feel he’s using my 3 year old girl to settle scores with me and I really fear for my young girl. Please help me I am so desperate.
Hello Joyce,
My name is Elvis Abenga and I am so sorry to hear about that. Please share your number with me and I will give you a call and we can get your child back.
Kind regards.
I need your support somewhere
Good morning Gilbert.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
Hello am eric, i need help. I married a woman with a kid, my question is am i obligated by the law to educate the kid, i gave the woman money for the fees and she squandered it and took me to the chief to force me to pay
Dear Eriq
Under the law you are only obligated to provide for your own child.
Kind regards.
Thank you Anthony for the write. I have a real issue that I don’t know how proceed. How can I get in touch with you?
Thank you.
Hello Njeri
Please reach us through e-mail at info@begislaw.com and we will sort you out. Alternatively you can share your phone number and we will call you.
0715373169
Hi my marriage has git rock bottom, my hubby works with military, I need advice because I feel I need a divorce
Dear Maggie
So sorry for your marriage. We have sent you mail. We are here to help.
Very informative piece. I read the comments and indeed, having such an educative blog is doing a great service and investment to a child’s interest. So thank you.
my name is dan kuria we seperlated with my wyf after i stoped working becouse of corona virus she went with my children 5yrs and 6mnths both girls is now two mnths i have neva talked to my children becouse the mother does not take my calls or reply my messages how can i get help
Hello Daniel
Sorry to hear about the children. We can help you get access to your children by filing a motion in court.
Kindly give ur number or call me 0721675468
Hello Kelvin,
We have spoken,
Many thanks.
Hello good afternoon my name is rukia, am Ugandan btI stay in Kenya, I separated with my baby daddy who is a Kenyan and he remarried again, since 2019 I don’t have access to my twins,they are just 7year, they don’t allow me talk to them or even stay with them, the last time I got to see them was this year on 09-October, and the kids where not looking good, they were just crying, the father claims that the woman he remarried is the one who doesn’t want me to get access to the children yet for her she come with her 3children and a grandchild in her new marriage and she stays with them, the last time I talked to my father-in-law he asked me to write to them an official letter asking them to stay with the kids which I don’t accept coz those are my children, please how can you help me so that I can get my children custody coz as you know a child staying with a step mom, please I need your help, my number is 0708402313
Hello Rukiyah
We have called. We look forward to being of service to you.
Kindly call me please have issue concerned about that,am going through right now feeling to do terrible thing please show me how to handle this.no 0792004552,am Ngetich Leonard
Hello Leonard,
It was good speaking to you.
Kind regards
In my case I live with the children,their father takes them every sunday.now that schools have closed he wanted to take them to visit their grandparents I prepared them and he took them.i realised later that he went to stay with them I the house he is living with his girlfriend.(the reason iam against this is because she works in a pub and even drinks I dnt think it’s a safe environment for my boys) I need to know how I can get help so tht my boys can still see their father but stay away from the negatives? Plz help.
Hello Peris,
My name is Elvis Abenga, from Begi’s Law Offices & Chambers.
In that case, you can ask for supervised access. This is where the father sees the children but only in your presence or in the presence of someone that you trust. You can also move to the court to get custody orders and have it stipulated that the father cannot go with the child to places such as his home.
Hello i need assistance i found my girlfriend cheating on me and led to our split but we have a child that am not 100% sure if he is mine…. How am i supposed to handle such please help
I have a question … pertaining the law…will a father who insists on termination of the child .and disappears when this isn’t done have the right to come back in future claiming the child …and if so what can be done to rule out the possibility
Hello Maureen,
My name is Elvis Abenga from Begi’s Law Offices & Chambers.
In such a case, the father may still be able to come back and claim parental rights and responsibility over the child later. The only way to extinguish that is to get full and sole legal and actual custody of the child once the child is born. That is the only sure way. We can help you with this if you share your phone number.
Call me on 0723229843
Hello Lilian
We will be in touch shortly.
Hello, I’m having a similar issue. Kindly assist me. My previous partners keeps coming back every time I move on and starts demanding to see his child. When he breaks up my relationship he stops providing or even visiting. Is there a way to stop this cycle permanently???
My number is 0757717255
hello, my name is ken. kindly advise. can i get custody of my 14-month old girl on grounds the mother cannot care for her because she is jobless (in college) and has the baby raised by her parents
Hello Ken
Custody of such a tender child is often with the mother. It will be very difficult at that age for the court to give a girl child over to the father for complete custody. However, the court can let you reside with the child if the mother is not residing with the child.
Kind regards.
Haw can I reach you..
Hello Raphael,
Kindly share your number and we will be in touch.
How can I get in touch with you
This a post I had made on fb,
Hello guys, I believe there’re smart people here in our midst to advice me out of my marriage history I’m about to share.
Ok I’m Alex & a father of 3 boys, 2 from my former wife. On 2017 I realised my then wife had infidelity issues of which I confirmed beyond reasonable doubt, this was almost end of that year. Upon my confirmation, I decided to shift from the house to just stay alone than staying with an adulterous wife…… I left everything there was in that house including my 2 boys but just my documents.
After like 4 months ie. early 2018 now, she bungled my boys into her friend’s car and took them up country to my mum, left them at gate without uttering a word to my mum, then speed off to kasarani where we used to stay and swept the whole house to where I’ve never known to date.
I took my 2 boys back to Nairobi after some few days, stayed in my kabedsitter then, and enrolled them to a different school. Ever since close to 4years now, I’ve never heard thru’ a call/SMS nor seen her….. yaani no slightest effort to at least know anything about kids, where they stays neither whether they go to school & which school……. she literally abandoned her own kids.
However, after struggling with my kids for like 2years alone, I met a lady (no kids)whom I fell in love with, narrated to her my family history and later we married. She is the best for my 3boys & I. Come 2020 DV lottery, I applied as I’ve been for the last 9years and by God’s grace I was selected N.B this time round I applied with my current wife and our 11/2years son, the 2boys & myself. Now my BIGGEST WORRY is, I had commenced the process but following shiko hope’s videos on the reasons one can be denied visa, she said a consular can deny Visa incase one parent wants to move with kids without the other and without her/his consent……
Where would I start for someone who has abandoned her kids for 4years for heavenly sake?
Can anyone think she has any good will for me and my family to give consent?
What legal action should I seek to proceed without her involvement now that even has no clue about my selection? PLEASE PEOPLE WITH THE LEGAL KNOWLEDGE ADVISE ME.
Good morning Alex.
We are sorry for the matter at hand.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
How can we one contact you?
Good morning Ann,
We are sorry for the matter at hand.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
Good morning.
Thank you for reaching out to us to assist you on our matter.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers. We look forward to touching your life.
What other selfish needs besides provision of basic needs for the children?
Hey, I need help.
We just had a baby boy, after 4 years of struggle to get a baby.
Barely 3 weeks old and my wife does not want me to be with the son.
She is showing me a sign that I am not supposed to be dear the kid.
She can come up with fake reason that does not add up completely.
What do I do? It’s me providing everything in the house.
My wife doesn’t have a job but she has a sharp mouth/tongue..
I feel my son will be turned against me.
Kindly help 0728649788
Well said. Will appreciate.
Please need your assistance please contact me
Give me your number pls.
ercansahin35400@gmail.com
Going through a divorce, my Iwife is a chronic smoker and drinker. She wants to take my child away but I don’t trust her as she will neglect child and I think her family have lgbtq members and I am not comfortable my child growing in this environment. Please advice
Dear Mandy,
From your statement, you can apply to have custody over the child and in the court process, explain the basis for your concerns to the court.
kindly share your contacts here, kariukigd29@gmail.com
Dear David,
Our e-mail address is info@begislaw.com and our phone number is +254743235923. Please share your phone number and then we will call you.
Am fighting for my baby’s benefit I have succeeded in child custody now my next step is child supprt on 21st that is Tuesday
Dear Vera,
All the best in the child support case.
My name is James maina and my father has refused to pay for my rent and school fees,I am in kirinyanga university,what can I do.your help will be greatly appreciated, thanks in advance
Hello James
Sorry to hear that your father has refused to pay your rent and school fee.
In this situation, you can file for an extension of parental responsibility in the event you are under 21 years old.
Kind regards.
Whats the way forward after the mother refuses me to see my son??
Me i suffered such a scenario.
The court grated the mother physical custody Nnyet the mother has No source of income.she depends of her various boyfriends she’s having.tha reason we got separated.
Till now she ain’t working.so tha court gave me much responsibilities than her.saying am the one working.
Please advice.
I still do have an interest in raising my two kid’s in a good environment N provide the best life for them both.
Hello Ismael, thank you for reaching out to us, it is very much possible to have shared custody and shared support over your kids, for more advise and information on how to go about it, Kindly book an appointment with our advocate any day of the week from Mon-Fri 8AM-5PM at a fee of 4000Ksh, Kindly note that this meeting can happen virtually or physical. Please reach us on 07 43 235 923 or 07 23 313 833. Looking forward to being of service to you.
Hello Mr. Anthony, I wish to consult
Dear Josh
We have reached out to you on email.
Kind regards.
Please introduce yourself:
kennedyomondi251@gmail.com
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Hi, how do someone go about it when it comes to a case of infidelity? Can a father be allowed full custody of a child when the wife is cheating, please i need your help, contact me on 0704640482. As soon as possible
Hello Anthony. Do you mind sharing your contact?
Hello George,
Antony is also a commenter and one of our clients. You can reach us through 0743235923 (BLOC OFFICE LINE) or my personal number 0723313833-Elvis Abenga
I agree with you brother. Please sms me your number to 0729971509 I will call for more information.
Halo,I have a child whose mother is 20 years,look,she now distances me to my child,,she has denied me notification and her ID to cater for my child’s birth certificate.,,what should I do?
Help…0729963806
Hello Anthony, incase you see this, can you please get in touch with me on rouzkirwa@gmail. Or anyone who deals with this kind of disputes involving children.
Thanks.
Hello Rose, thank you for taking your time to read the article, we as a firm has experienced family advocates who are able to help you and get you through any child custody and child support matter, for more information and assistance, Kindly assist us with your phone number and we will be able to reach out to you for more guidance, advise and directions on how to go about it.
Do not also hesitate to reach out to us on: 07 43 235 923 or info@begislaw.com
Looking forward to being of service to you
Hello Anthony, can I have the custody of my child if her mother is financially unstable and physically absent from my son. The child is under the care of the grandparents
Hello Daniel, Thank you for reaching out to us,
Kindly assist us with your phone number and one of our lawyers will reach out to you for more information and assistance on child custody and child support.
You can also reach us via 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you
Hello Antony, please get back to me at 0725351479/danielnaomi24@gmail.com. Need your help
Hello Daniel,
Thank you for your patience while awaiting a response from us.
Our front office will give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
👍
Hello I have a friend who has a child out of wedlock mistakenly and he doesn’t work the job was cut off by covid and the lady carrying the pregnancy is threatening him that she take him to court for child support…please advise my friend is in depression,,,, my question is does mpango wakando claims child support
Absolutely.A man is a provider.No child is an accident.Let him hustle like other men and provide for the child
I’m an a US citizen and I have a dear friend in Kenya who’s ex girlfriend married another man and ran off to another country with their child and got married.
That marriage started to fall apart and she tried to get back together with her child’s father (my friend) . He said he wanted and always wanted to be apart of his son’s life and has always offered to help support the child financially even when she wouldn’t let him see his child. But he refused to be with her romantically due to her still being married and also how badly she hurt him when she basically stole his son from him. This was not what the mother of the child wanted to hear. She became very angry and decided he would never be able to see his son again. She left to be with a new man and is living in Paris and has left their child with her mother (the child’s grandmother) in Kenya, in the same town as the child’s father.
The father has tried to pay for his sons school a bed the mother tells him to stay out of their lives and the child can decide when they are 18 if they want a relationship with their father.
The child’s mother financially supports her family in Kenya, so she has told the grandmother not to let the child see his father or she will cut her off financially.
If the mother has left her child with a grandparent for months, there is no custody agreement, and the father can support the child and wants to. According to Kenyan law does he have a rights to visitation or even custody while the mother is living out of the country?
Being from the US am not aware of the Kenya law, father advocacy groups or pro Bono lawyers willing to help?
Hello Lisa,
I am not sure if you were able to get any help in the matter. However, your friend has a right to access his child without restrictions. This can be handled competently at the Children’s Court. This is more so since the child is not even living with the mother. He can petition the court for full exclusive custody.
Hi guys. I really need your advice. My used to be wife decided to take my son away from me, went and dumped him at her mother’s place in Taita then she moved in to her new lover. How can I get access of the boy. My son is 2 years. Naogopa atanisahau.
Hello Jacob,
We can help you get access and eventual full custody of your child. Please reach out to us by sending an e-mail to info@begislaw.com and we will help get your child back.
What if you parted ways and the wife doesn’t allow you to see your children? Can there be an agreement in that each parent spends some time with the children?
Hello Danny,
It is possible to have a parental responsibility agreement that allows both parents to spend enough time with the children.
How do you deal with the cases of women getting children by different men then only one man tasked by the responsibility ?
How will the court ascertain and ensure that both parents take their responsibility equally?
Hello Derick,
In such cases, the man is not the only one to take responsibility. The Constitution states that parental responsibility must be shared equally by both parents of a child.
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Hi my lady decided to walk because of apparently no reason and I have been so frustrated as when child was born had alot of difficulty and I was there from the start, she moved out and am only allowed to see the child once a week and specifically Wednesday, i never pictured me away from my own daughter I felt it’s selfish and every day I fall deep into pain knowing she is not on my side everyday. I just want to live with my child period, how can I handle this.
Hello Brian
So sorry to hear about this. We can help you with this. You can move the court for custody of the minors or at least reasonable access to them. Kindly share your contacts so that we reach you.
My wife decided to carry everything from my house and take with my son without us having any problem now she has reported me to children’s department and FIDA at the same time . When I reported to children’s department I was told to send her 3000 per month as we wait for the determination of the case come April but now she’s and the fida people are just forcing me to handle the case at fida first before the children’s department one . I need my son how can I go about this case? Help!
Hello Joseph Ogonda,
In your case, I presume your wife and the FIDA people have not moved the court. That is the reason why you are being pushed to solve issues at FIDA.
My advice to you is to move to court for child custody. Let all the issues get addressed through the children’s court. Once the matter is in court, it will override whatever FIDA and the children’s department are doing.
Hi Elvis,
I’m a Kenyan American father of a 7 year old girl who is American (born here in U.S) but lives in Kenya with the mother who is Kenyan.
Did you mean that by Kenyan law, if my daughter’s mother has sole legal custody of the child, then I am not legally required to pay maintenance?
Also, what’s a good phone number to reach you for legal services? Thanks.
Hello,
Apologies for the delay in replying to this mail. If the mother of the child has been granted by court sole legal custody of the child, it means that you do not have any duty to provide for the child in terms of maintenance.
My phone number is 0723313833. I look forward to being of service to you anytime.
Kind regards.
Elvis Abenga
hae ineed help and advice iamarried and blessed with three children on 2018 imet alady at whtsap and the lady seduced me she travelled all the way frm mombasa to nyahururu twice later she told me that she got pregnant .she moved to court without myknolwedge .last month found my salary being deducted and the payslip read cuort attachment .is this procedural .iam daniel pls advice
How would u assist, need of child support from the father who’s a foreigner, currently in the country but planning to fly back to their country soon
Hello Lucy,
In this case, we can help you file for custody and then get an order restricting them from flying back to their country until the issue of child support is handled. Please share your contact to me so that I can call you.
Hi,what happens when one partner leave the country after separation, do the kids care fall to the father?
Hello Jackson, when one partner leaves the country after separation, whether or not the children remain with the father depends on several different factors. Overall, what the court considers is what the best interest of the children is. The court will consider the age of the children, the environment of living, etc
I am Loviet currently in high school, a man got me pregnant and has bluntly refused to take responsibility of the child please help me
Call me on 0723229843
Hello Lilian, we will be in touch shortly.
Am undergoing a terrible time it happened that I got pregnant for a man I was dating before I finished my college in 2018 n I gave birth to a girl and the father is a luhya n since my mum is a single mum n I was to go back to school after six months,my fiancee n I decided to tk the kid to his mother till am done with my college then I can have my kid back n his parents agreed to it n his parents have never visited my parents or made any communication with them ,things are not well since even his mother is denying me the chance to speak with my kid and she’s claiming since she has taken the responsibility of the kid my parents and I r the ones supposed to go visit her,n now that am done with my college n settled I want to tk my kid back n tk care of her but his parents seems they r planning things behind my back because nowadays they deny me chance to talk with my kid or even visit n they give excuses every tym I want to talk with my kid how will I handle this??
Dear Liz
Sorry to hear this. You have the right to institute a claim to have your child back. We can help you with that.
Kind regards.
Hello sir,
If a wife decides to leave home after cheating on you. then she goes on to start asking for support yet she is involved with another man, how possible is this? is it right for her to seek support yet she is the one who went away without been chased?
Hello Nick
It really depends on the kind of support she is asking. Is she asking for spousal support, or for child support. Kindly let me know so that I can advise you properly.
Hello Elvis,
My name is Sam and I have same issue. I lost my job at the onset of the pandemic and my wife decided to end the marriage. I have been able to support the family through savings and other income sources. My wife has never worked and no way to support him but is now threatening to take away my son. I want to have actual custody of my son and she can see him anytime she wants. Please reach me on 0798994220. Thanks.
Hello Sam,
We look forward to our meeting.
Kind regards
Hi can I ask for child support from a man that is married but we have a child together.. His a teacher and he say’s I cannot file for support because a government teacher cannot be forced to pay for child support through his salary
Hallo Elvis, My name is Francis Cell No. 0723926251,On 27th December 2020, My wife left with all belongings in the house plus 3 children.12,9 and 5, she did not go to her parents home, or my parents home, efforts of reaching to her for reconciliation have failed, whenever i try to talk to the children she does not pick calls, and when i happen to talk to them she has spoiled their mind by telling them i dont pick calls when they call which is is a lie, how can i get access to my children?
Hi. I would like to file a child custody case urgently. Are you able to assist me?
Hi, my sister’s ex husband was not there for my sisters pregnancy and after a month of her giving birth he sent her a divorce on a small dirty chit of paper that he seeks divorce from her (muslim so they say accepted) after that my sister filed for divorce and the imam/kadhi there ordained maintenance of 8k monthly from the father and was told he can choose a day and time to see the child of which he never came. he has seen the child after she was born twice that when she was 3 & 7 days old only and he has been quite ever since except he fulfills sending the maintenance but suddenly 3days ago he sends an email claiming he wants to be a part of the child’s life and will meet on Saturday when he is free. we cannot deny him access right but what can we do at this point as first we don’t want to get into court to fight for custody ye until we are sure of his real intentions? please advise.
I have two children, two separate fathers. The First dad went MIA. The second one I managed to take to the court for maintenance. Issue is we have agreed to everything except the maid and the rent. I pay for example sh30,000 for rent and out of that, he is only willing to pay sh3500.As for the house help we pay sh10,000 and he says he can pay sh2500. His urguement is my other child lives with me. How is rent or such services as a maid quantified?
David Muindi
I was in a relationship with a lady for about 11years. We have a 7years old son,recently she took the child and got into a relationship with a man who’s made her pregnant. She has completely stopped my son from seing and calling me. I urgently need access.
My number 0711200223
Hey I am a mother of two kids separate dad’s and pregnant with a third one from another man how do I make my mum a legal guardian in case anything happens to me because I don’t want my kids to be separated…
Hi am Walter,I was living with the mother of my daughter and she decided to leave with my beloved girl whom,I liked spending time with while am in any difficult situation and feel relaxed now run away with her and now they have denied me not to see her how can I get helped
Good morning Walter,
We are sorry for the matter at hand.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
And mind you this fiancee since we took the kid to his parents he ceased supporting me he never supported me in any way when I went back to college till now that am done with my college
Dear Liz
Kindly share your phone number so that we may call you.
WE would like to help.
Kind regards.
Hi Elvis,
My wife left after looking for and giving flimsy reasons to her parents who at one time told her they do not see any reason for her to leave. Of late, my little daughter has been crying uncontrollably saying she doesn’t want to be punished anytime she feels like she is making a mistake.
On enquiring, her elder sister told me it is because she gets a scolding and a beating by her 16yr old cousin in whose care the two are left even during weekends when I am not available to spend time with them.
I feel their mother is grossly irresponsible as there are times she would leave the kids to go drinking not considering she was lactating.
The children’s officer advised that she gets custody and I provide for their education and health needs which I do in addition to clothing and occasionally food.
They now live in a single room with the mother who has invited her elder sister and her daughter to live with in a place that has no hospital.
I work away from home and am only available over certain weekends depending on the workload at the office.
Would it be possible to gain custody of them so that they can live in a better environment with better care?
Good morning Leinad,
We are sorry for the matter at hand.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
Hi Mr. Antony
Kindly, how can one reach you?
I have a case.
My email is Stellamwirigi1@gmail.com
Will appreciate
Thank you
Good morning Stella.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
Haloo am joseph…we separated a month ago for many reasons now my wife says she doesnt recognise me and even i dont have right to be with my two yrs olds daughter….she is planning to get married again…if she marries to another man can i be granted right to be with my daughter alone because i fear they will mistreat my child
Good morning Joseph,
We are sorry for the matter at hand.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
my name is joseph we separed with my wife on January and ever since she has denied me access to my kid kindly assist,my phone number is 0700905674
Good morning Joseph,
We are sorry for the matter at hand.
Please attach your phone number so that our front office can give you a call in the course of the day to book you for an appointment with one of our lawyers.
We look forward to touching your life.
Very good and informative article. The gaps are in the enforcement of the law. The father of my 3 children is a law maker but has since refused to take up his obligations as a parent. He hides under the fact that his name does not appear on their birth certificates 🙂 . I don’t have the energy to chase him to provide for them, instead I focus my energies on working hard to provide for my children. However, this is good to know incase one day I change my mind and decide to pursue the matter. Also good for referring those who might need help.
Thank you for your kind remarks Judy
Dear Judy,
Thank you for visiting our website. If you ever decide to pursue this, we are only a phone call away
Nice article
hello my ex wife left my home two and a half years back without a chase, i have remained alone all along but last week she called for birth certs which i have to register their kcse exams the elder is 17,15.5 and11 years can i file a case on custody coz the kids wants to live with me, at what age the kid is allowed to decide, contact 078993893
Good morning Andrew,
Thank you for reaching out to us to assist on your matter. Unfortunately the number you have provided above is incomplete.
Please share the correct number we can contact you on.
Hello Andrew,
Kindly share your contact again. The one you shared previously is missing a digit.
Hello,
I recently separated with my wife, and now she wants to take our two daughters away to the US where she currently have a boyfriend. What can I do to block my children leaving the country without my consent?
Hello,
You can seek orders from the children’s court to sort of keep her from leaving. Kindly share your contact and we will get back to you on this.
Hello I have a friend who have a child out of wedlock mistakenly and he doesn’t work the job was cut off by covid and the woman carrying the pregnancy is threatening him that she must take him to court to claim child support…please advise my friend is in depression,,,, my question is does mpango wakando has rights to claims child support and their agreement was no kids since the relationship was just having happy moments ?
Dear Fabian
Unfortunately, every child has a right to maintenance by the father. It does not matter whether or not there was an agreement with the parents. The woman has a right to sue for child support.
Good Morning Fabian,
Thank you for visiting our website and having a read.
To answer your question, yes the lady has a right to child support from the man as long as he is the biological father.
Hello Everyone,
Mrs in Kenyan and Mr is from EU, not married. We got physically separeted during COVID 19 from the mother after a visit to the familly oversea, and later a separation between the parents after they both reunited in EU. A court order was given to the father and main provider. The mother has been granted right to visit and host the child. Now the mother wants to visit her relatives in Kenya. How is it possible to get the UE country court order being validated, prior the travel, under the Kenyan law and notify authority the presence of the child and the mother in the country? and make sure the child go back to Europe where the child has his/her school, friends, and relatives?
Dear Paulo,
My name is Elvis Abenga from Begi’s Law Offices & Chambers. In such a case, we would need a certified copy of the court order. We then file an application at the Children’s Court to have the order recognized as an order in Kenya. I will write separately to you in a private email on the same.
Kind regards.
Hy am writing on behalf of a friend, please note my lady friend cheated on her husband after her husband had abandoned her for nearly 1 year, staying together but no relation, now the husband has gotten to know and now he his divorcing her and challenged her that he will take their 3 year old sons custody by hook or crook.
Kindly advise if its possible for the father to get the custody in such a scenario.
Please I need your help the mother of my kid came and left my child on my working place.she just left leaving me with a 2years kid my income is low but she is well off financially. She has never bother to check on the kid nor support me iam really have a problem raising the kid she keeps crying for her mother what can I do!?!
Hello,
I am Muslim married to a christian Kenyan man. We have a baby girl who is in PP2 right now.
In 2018 I went to US and has come back recently. The issue is we have so many differences with my husband and of late I noticed he no longer appreciates me as his wife. So I have decided to divorce him and that is why i went away with my baby girl.
My question; Did I do anything illegal? because I have a job and my daughter is enrolled in a new school already.
Hello there, my situation is very fresh since it just happened last week. We had a daughter last year amidst a strained 8year relationship. Her parents are always meddling in our affairs and I had enough so I decided to call it quits. She went back to her home with our daughter with the agreement that I would be seeing my daughter. But, for the past few days she doesn’t want me to talk to the child. Do I have a right to access my daughter? She doesn’t have her own house and her parents are demanding that if I want to see my daughter I have to jump through their hoops. I’m afraid if I bow down to their demands it will be a slippery slop for my future with my girl. Please help.
My girlfriend dumped our baby 2 yrs at my doorstep saying she was burnt out. She had been granted actual custody and I had access, can i contest the judgement and get full custody based on this new development. Kindly advice
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Hello,
Thank you for this. I have an issue concerning my daughter. We broke with the father and he does not allow me to even speak to her. He is married to another wife but my interest is in our daughter. At some point I feel like her father does not want her to recognize me as her mother. I realized this the last time I talked to her and when I asked the reason for that this man refused to let me talk to our daughter anymore. I used to call during the day to talk to her and the father would tell me he let me talk to her later. Then he would call at night. Then one day his current wife told his mother that I call at night thus I’m coming in between their relationship, which was not true. He was the one calling me in the night and my main was just to talk to my child. So his mother contacted my elder sister and warned her that I should stop. Well I felt hurt about that and I just didn’t want any more trouble so I stopped. But then not being able to see my child or communicate really hurts big time.I am pleading to have custody of my child. I am worried they might turn her against me for nothing. I love my daughter. She just turned 4years and I’m afraid if this continues she will be turned against me for nothing. It hurts. Please can I get some help?
Dear Vivianne,
I am so sorry to hear this. Kindly share your phone number so that we may give you a call.
Kind regards
Hello,
I need your help
0700281058
Dear Moreen,
Many thanks, we will reach out to you.
Kind regards.
Hi. I’m Margaret I have a problem can you reach me out no. 0745857071
Hello Margaret,
We have given you a call. Feel free to reach us on +254743235923.
Kind regards.
Hi there,
I have a child with a woman I once cohabitted with, we long separated and the child is now 6. She intends to move to another country and I’m afraid if she takes my child with her I may not be able to see or talk to them again. I need to know what to do in this case, is my consent required for my child to leave the country. Can I require that they remain in Kenya and only after 18 can we think of what next.
In the case this is possible, do I get priority in living with the child while the Mother is away, or do her parents get the child. I would like to live and raise my child but I understand how difficult it could be to gain custody of a minor for the father.
How should we proceed?
0769496035
Dear Evans
Indeed your consent as a father of the child is required in order for the child to move to another country. You are legally able to challenge the removal of the child to another country on the grounds that it will affect your ability to exercise your parental obligations to the child. The court however does look at the whole situation in totality and arrives at a conclusion as to what would be in the best interest of the child.
We will give you a call to discuss more on this.
Good afternoon, kindly am in serious need of your help, so much stressed and depressed. My adulterous x husband has refused to assist me in child upkeep 0710937879 Lilian.
Hello Lilian
So sorry to hear that you are distressed. Someone from our office will be in touch with you shortly.
Kind regards.
Good morning, I separated with my girlfriend 5 months ago since the relationship was toxic, she later said she is pregnant and constantly threatens to crush me, ruin my career and teach me a lesson just because she wants to rekindle the relationship, she even goes a head to stoke me and she has verbal and physically humiliated me in public. I need urgent guidance on first I am not sure if the pregnancy is mine because in the cause of our relationship there was infedelity issues, secondly if the pregnancy is mine I would really want to take full custody and maintenance of the child with her completely out of the picture.. is there a way I can do so?? Kindly help.
Hello, Kindly assist us with your phone number and someone from our customer service desk will get in touch, you can also reach us on 07 43 235 923 or 07 23 313 822. Thank you
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Hello,
You can sue your American Baby Daddy if he is resident in the Republic of Kenya, or if the child is resident in the Republic of Kenya. In the event that he is outside Kenya, once orders are given in Kenya, we then liaise with lawyers in whichever country he is in for recognition of the orders.
Thanks for the great service, Am Simon Karanja, currently am being denied to see my child for over one year now despite me sending money for child support, what can I do?
Hello Simon, as the biological father of the child, you are in a position to file for shared child custody and support, For more information and advise, Kindly book an appointment with our advocate any day of the week from Mon-Fri 8AM-5PM at a fee of 4000Ksh, Kindly note that this meeting can happen virtually or physical. Please reach us on 07 43 235 923 or 07 23 313 833. Looking forward to being of service to you.
Am married since 2012 and we have a girl 8yrs old, my wife and kid left my house last month and she has not taken her to school yet for the second term. We went for mediation on children’s office but this week but we didn’t agree on anything. I was given a letter to take to’ think government lawyers in Nairobi KSC house and told to go back next week. Please advise me what to do. Thank you.
Does the father of the child have the right over the child custody if the mother is jobless.0723734482
Hi am lewnora Atieno Okongo, am 24 years old, i want report my case. I have a 11 months baby with a Nigerian man, before i got pregnant he went to see my parents, when i got pregnant he sadly changed, he sent me a way from the house now he is not talking responsibility of the child may until i give him some threat of police and he is here in kenya out thename we are married. Please help me so that he can take every responsibility of the child even if we are not together, this is baby is my blood and i can never allow my blood to suffer because he is the future of tomorrow 😭🙏….. 0790602513
Hello Atieno
We are here to help you. We have called you back.
Kind regards.
Hello am Joseph my ex went with my boy and blocked me from accessing my child and now she’s married next my home. She reported me to children’s department and before the case was decided she went again to fida again before fida decided on the case she came in my house where am living with police and took everything finally she has gone to children’s court in another place what should I do to help this and is there any charge for this ?
Hello Joseph,
Many thanks for your comment. We will help you get back your child. We have written an email to you.
Kind regards
Elvis Abenga.
Hello! My name is Philemon, kindly allow me to know the procedure to follow in rescue of my child whom I’m seriously worried about her rights. We got married with my wife for the last four years and successfully blessed with one daughter two years old. However our marriage is not formal. A mother to my daughter has recently gotten chance to work over seas and she’s taking flight soon. We disa greed over who will be custodian of the child. I personally wanted my daughter to remain close to me but under care of my sister and ensure she’s provided with all her basics. However the mother decided to take her a way without my consent and took her to a distance relative whom she intend to take care of her. What can I do to on such senerio. Thanks.
Kind regards Philemon Omucheni.
Hello Philemon, thank you for reaching out to us and sorry on what you’re going through, it is possible to have child custody over your child. To seek more advise regarding child custody, Kindly book an appointment with our advocate any day of the week from Mon-Fri 8AM-5PM at a fee of 4000Ksh, Kindly note that this meeting can happen virtually or physical. Please reach us on 07 43 235 923 or 07 23 313 833. Looking forward to being of service to you.
Hello, this was a helpful article i will reach you through your email.
Hi Elvis, I am Irene, we separated with my baby daddy 2020 June, I left with the kids rented my own place, paid my own bills, later found someone early this year and we moved in together trying to make a life together, my babydaddy latter found out that i had someone already in my life and i had moved on, he came took the kids and denied me access to neither see them, buy anything like clothing for them nor call them and even blacklisted my number. He has been really frustrating me not forgetting that he already remarried and had a baby with the wife. kindly assist me to have my kids back ,my number0783188708
Hello. In the case a mother and father are parting ways, and the mother wants to leave with the kids aged 4,8,17 can custody be given to the father because the mother is currently jobless? The mother and kids will reside at her parents house as she looks for a job.
It is only a parent who has been given legal custody of a child, that is liable to pay child maintenance. Thank you for taking the time to write a great post!
My wife ran away with my son while I was at work. Kindly call me on 0704677444.
I’m not sure how I can proceed.
I have lived with a man for 12 years now, blessed with 2 daughters. Introductions at my parents’ home by him and his family were done in 2012 with him giving the requirements – kutoa miraa as per meru traditions. We signed an affidavit of marriage in 2014 but he is yet to take the dowry.
However, in recent times been contemplating separation on the following grounds: neglect, denial of conjugal rights, abuse (financial, material, mental and emotional made more worse after my job loss in 2018), and also the outright refusal to fulfill the cultural obligation of paying dowry in addition to legally registering our union.
For my own sanity, I wish to give this union a break and move out with my girls…Is it possible to have him compelled to give child support and maintenance?
I look forward to hearing from your good office.
Thank you.
Hello Dlacia, I trust that you’re well and sorry on what you’re going through.
Yes it is very much possible to file a case in children’s court for child support and maintenance.
Please reach out to us on 07 43 235 923 or 07 23 313 833.
I was married to my ex for close to five years. She came to the marriage with a 3-year-old kid (who I consider my own and 8 years now) and we had another one (three years now). However, on January 10th, 2022, she walked out of the marriage and left the kids with me. I went to court but my ex and her sister persuaded me to drop the case on the condition ex will send monthly support and visit her children regularly.
However, all that has changed now. Ex doesn’t want anything to do with the children nor does she want to support them. In our last conversation, she had terrible things about the children (told me to tell them that their mother is dead and get a new mother who will love them as much as I love my first stepchild) and even said they were a mistake and impediment to her progress I want to protect my children from such utterances and behavior for as long as they are under 18. What are my options?
Hello Wambugu, I trust that you’re well?
You have an option of filing a case in the children’s court to have full custody of the children, that means you shall be the provider and the guardian of the kids. Nevertheless, as the biological mother of the kids; if a day comes where she want to see her kids, legally she is allowed to but the court will direct on the days, Where and how she will be able to see them.
For more assistance, kindly reach us out of 07 43 235 923 or 07 23 313 833.
Looking forward to being of service to you.
Hello am Gladys a single mother with 3 children. For long I have been struggling to provide basic fundamental needs to my family despite being single and abandoned by there father when they were so young. I right this because I needed your advise so you may take me through the legal action to reach there father so that he may take over the custody of my children .I hope to proceed for more information once acceptance thanks in advance
Hello Gladys, Thank you for reaching out to us,
Kindly assist us with your phone number and one of our lawyers will reach out to you for more information and assistance on child support.
You can also reach us via 07 95 797 897/ 07 43 235 923.
We look forward to being of service to you.
Hello am Gladys a single mother with 3 children. For long I have been struggling to provide basic fundamental needs to my family despite being single and abandoned by there father when they were so young. I right this because I needed your advise so you may take me through the legal action to reach there father so that he may take over the custody of my children .I hope to proceed for more information once acceptance thanks in advance