How to Obtain Legal Guardianship of a Child in Nigeria – Everything You Need to Know

How to Obtain Legal Guardianship of a Child in Nigeria – Everything You Need to Know

Introduction

In Nigeria, the well-being and protection of children are not only moral imperatives but also legal responsibilities. When the biological parents of a child are unable or unfit to care for their child—due to death, incapacitation, abandonment, or other critical circumstances—the law provides a mechanism for another adult to step in through legal guardianship. Guardianship is a legal relationship in which a person (the guardian) is given the authority and duty to care for and make decisions on behalf of a child (the ward).

This article provides a comprehensive guide to obtaining legal guardianship of a child in Nigeria. It examines the legal framework, requirements, processes, responsibilities, and implications of guardianship under Nigerian law. Whether you are a prospective guardian, a family member, or a legal professional, this article equips you with everything you need to know.

Understanding Legal Guardianship in Nigeria

Legal guardianship refers to the judicial appointment of an individual to care for a minor who is not their biological child. It includes the authority to make decisions about the child’s education, health, welfare, and overall development.

Guardianship differs from adoption, which permanently transfers all parental rights. Guardianship may be temporary or long-term and does not sever the legal ties between a child and their biological parents.

Legal Framework Governing Guardianship in Nigeria

Guardianship in Nigeria is governed by:

• Child’s Rights Act 2003

• Guardianship of Infants Law (applicable in Lagos and other states)

• Matrimonial Causes Act

• Customary and Sharia Laws (depending on the circumstances)

• High Court Rules and Practice Directions

The Family Court of the High Court in states that have domesticated the Child’s Rights Act has exclusive jurisdiction to hear guardianship matters.

Who Can Be Appointed as a Guardian?

To qualify as a guardian in Nigeria, an individual must:

• Be of sound mind

• Be at least 25 years of age

• Be financially stable

• Have a clean criminal record

• Be a fit and proper person capable of acting in the best interest of the child

• Have a genuine relationship or emotional connection with the child (often a relative)

The court may appoint:

• A relative of the child

• A close family friend

• A foster parent

• An NGO or welfare organization (in rare cases)

Grounds for Applying for Guardianship

• Death or incapacitation of both parents

• Parental neglect, abuse, or abandonment

• Divorce or separation involving custody disputes

• Immigration or international relocation needs

• Long-term hospitalization or imprisonment of a parent

Step-by-Step Procedure for Obtaining Legal Guardianship in Nigeria

1. Legal Consultation and Evaluation Begin by consulting a family lawyer who will:

• Evaluate your eligibility

• Assess the facts of the case

• Advise on court jurisdiction and documentation

2. Documentation Preparation You must prepare and gather the following documents:

• Application letter or petition for guardianship

• Birth certificate of the child

• Death certificate(s) of biological parents (if applicable)

• Affidavit of means and support

• Proof of relationship to the child

• Character references

• Medical report (for guardian and child)

• Police clearance certificate

3. Filing the Application in Court File your application at the Family Court Division of the High Court in the state where the child resides.

The application typically includes:

• An Originating Motion

• Supporting affidavit

• Statement of facts

• Guardian’s undertaking to care for the child

• Proposed plan for the child’s welfare

4. Court Hearing and Investigation After filing:

• The court schedules a hearing

• A Welfare Officer or Social Worker may conduct a home visit and submit a report

• The court may interview the child (depending on age)

5. Consideration of Best Interest of the Child The court applies the “best interest of the child” standard, as mandated by Section 1 of the Child’s Rights Act.

6. Grant of Guardianship Order If satisfied, the court issues a Guardianship Order, granting you legal authority to act as the child’s guardian.

7. Post-Order Responsibilities and Monitoring

• Submit periodic welfare reports (as may be required)

• Fulfill duties related to the child’s health, education, shelter, and welfare

• Seek court approval before making critical life decisions for the child (e.g., travel abroad, major surgery)

Types of Guardianship in Nigeria

1. Testamentary Guardianship: Appointed in a deceased parent’s will.

2. Court-Appointed Guardianship: Ordered by a court after evaluating eligibility.

3. Temporary or Emergency Guardianship: Granted in urgent cases (e.g., child rescue, abuse).

4. Plenary Guardianship: Full legal and physical control of the child.

5. Limited Guardianship: Granted for specific functions or time periods.

Guardianship vs. Adoption: Key Differences

Feature	Guardianship	Adoption
Legal Authority	Temporary or conditional	Permanent and irrevocable
Parental Rights	Original parents retain some rights	Biological parents lose all rights
Court Process	Less complex and quicker	More rigorous and lengthy
Changeable	Can be revoked	Usually permanent

Legal Obligations of a Guardian

• Provide shelter, food, education, and healthcare

• Act in the child’s best interests

• Ensure protection from abuse or exploitation

• Obtain necessary consents from the court for major decisions

• Report to court when required

Challenging or Revoking Guardianship

Guardianship may be revoked or challenged under the following conditions:

• Abuse, neglect, or misconduct by the guardian

• Death or incapacitation of the guardian

• Return or recovery of a biological parent

• Evidence that the guardian is unfit or the child’s best interests are at risk

Guardianship Under Customary and Islamic Law

Under customary law:

• The extended family typically decides who takes custody of the child.

• There may be informal handovers without court involvement.

Under Islamic (Sharia) law:

• Guardianship (Wilayah) and custody (Hadanah) are treated separately.

• Male relatives may be preferred as guardians, but mothers usually retain custody rights.

International Guardianship and Travel

If intending to travel abroad with a ward:

• Obtain a court-certified guardianship order

• Secure a consent to travel affidavit

• Comply with the immigration requirements of destination countries

Legal Aid and Government Agencies Involved

• Family Court Division of the High Court

• Ministry of Women Affairs and Social Development

• Legal Aid Council of Nigeria

• State Child Welfare Departments

• International Federation of Women Lawyers (FIDA)

Common Challenges in Guardianship Applications

• Bureaucratic delays in documentation

• Lack of clarity in jurisdiction between customary and statutory systems

• Disputes among family members

• Financial constraints in providing for the child

• Limited access to legal aid in rural areas

Best Practices for a Smooth Guardianship Process

• Engage an experienced family lawyer

• Be transparent about your intentions

• Ensure financial readiness to support the child

• Prepare all documents before application

• Maintain a good relationship with the child’s extended family

Legal Remedies and Court Support

If issues arise after guardianship is granted:

• Apply for modification of guardianship terms

• File for emergency relief in case of abuse

• Petition for substitution if guardian is unable to continue

Conclusion

Legal guardianship in Nigeria is a vital tool for protecting vulnerable children and ensuring they receive the care, stability, and support they need. The process—though legal and sometimes complex—can be navigated smoothly with adequate preparation, legal guidance, and a genuine commitment to the child’s well-being.

For individuals or couples seeking to make a difference in a child’s life, legal guardianship is a meaningful path to provide safety, education, and love—backed by the authority of the law.

Call to Action

Are you planning to take legal guardianship of a child in Nigeria? Do you need help navigating the legal process, filing your application, or drafting supporting documents?

Let Chaman Law Firm help you secure guardianship legally and efficiently.

📞Phone:  08065553671, 08096888818

✉ Email: chamanlawfirm@gmail.com

📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria

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