Child custody refers to the legal and practical relationship between a parent and their child, especially regarding the child’s living arrangements, care, and decision-making. In Kenya, child custody is governed by the Children Act, 2022, which prioritizes the best interests of the child above all else.
Custody can take different forms:
Legal Custody – the right to make decisions about the child’s welfare, including education, healthcare, and religion.
Actual/Physical Custody – where and with whom the child lives on a daily basis.
Joint Custody – where both parents share legal or physical custody.
Sole Custody – granted to one parent, often when joint custody is not in the child’s best interest.
Courts consider factors such as:
The child’s age and emotional needs
The parents’ ability to provide care
The child’s relationship with each parent
History of abuse or neglect (if any)
At Nkatha Advocates, we understand that custody battles can be emotionally exhausting. That’s why we provide empathetic, strategic legal support to protect both your rights and your child’s future. Let us help you navigate this sensitive journey with clarity and confidence.
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