06/01/2026
⚖️📖 REAL - LIFE LEGAL STORY
📚 VOLUME 2
⚖️❓A Father, A Mother, and One Child: Who Decides Custody?
➡️When Emmanuel and his wife's marriage finally broke down, the hardest question was not who caused the divorce ; it was who would raise their child.
➡️The court dissolved the marriage and handed custody of their only son to the mother. But the orders did not stop there.
The father was directed to:
▫️pay monthly maintenance,
▫️cover school fees,
▫️provide accommodation,
▫️and meet virtually all the child’s needs.
➡️In total, the financial burden placed on him ran into hundreds of thousands of naira yearly.
➡️He did not contest his responsibility as a father.
What he challenged was whether the court went too far, especially on custody arrangements and maintenance.
🙏So he appealed.
At the Court of Appeal, one central question arose:
👉 Is custody of a child automatic, or is it something the court decides based on discretion?
⬇️The Court of Appeal made something clear.
➡️Custody of a child of a marriage is not a right.
It is a matter within the discretion of the court.
➡️But that discretion is not arbitrary.
➡️The court must exercise it judicially and judiciously, with one overriding consideration:
the best interest and welfare of the child.
➡️In this case, the Court of Appeal upheld custody in favour of the mother, but corrected the excesses.
➡️The order for accommodation was set aside, and the court directed that the child should spend alternative holidays with both parents.
The message was simple but powerful:
➡️Custody is not about punishing a parent.
It is not about winning or losing.
It is about what best serves the child.
🔎LEGAL TAKEAWAY:
🏚️Courts have discretion in custody matters, but that discretion must always bow to the welfare of the child and fairness between parents.
⚖️Case Reference:
Okechalu v. Okechalu (2025) LPELR-81868(CA)
ℹ️Shared for legal
education and academic discussion.
