Custody and Maintenance
Custody refers to the legal right and responsibility of a parent or guardian to take care of a child, including decisions about their education, healthcare, and general welfare. Custody can be legal (decision-making authority) or physical (where the child lives). In Kenya, custody matters are governed by the Children Act, 2022 and the Constitution of Kenya.
Maintenance is the financial support provided for a child’s basic needs, such as food, education, medical care, and shelter. Both parents are legally obligated to support their child, whether married or not.
The process of Custody and Maintenance Cases follows:
Custody Process
- Filing a Case: A parent or guardian files a custody application in the Children’s Court.
- Court Considerations: The court assesses the child’s best interests, considering factors like parental capability, the child’s age, and emotional ties.
- Hearing & Decision: The court may grant:
- Sole Custody (one parent has full responsibility)
- Joint Custody (both parents share custody)
- Visitation Rights (for the non-custodial parent)
- Enforcement & Modifications: If circumstances change, a parent can apply to modify custody arrangements.
Maintenance Process
- Application for Child Support: The custodial parent or guardian applies for maintenance in the Children’s Court.
- Financial Assessment: The court evaluates both parents’ incomes and the child’s needs.
- Court Order for Maintenance: The court orders a fair amount for upkeep, payable periodically.
- Enforcement of Orders: If a parent fails to pay, the court may issue penalties, wage garnishments, or other enforcement actions.
Listen to our Custody and Maintenance Episodes on Swala Nyeti.
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Child Custody and Maintenance Questions answered by Guest Lawyer Wangui Waihura
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat to us on 0708111222.