An Affidavit of Child Custody is a legal document used to assert that a parent or guardian has physical and/or legal custody of a child.

In Nigeria, while final custody orders are granted by a court of law (usually a Family Court or High Court), this affidavit serves as an interim or supplementary proof of custody in non-litigious situations.

It is essentially a sworn statement by a parent declaring that the child lives with them and that they are responsible for the child's welfare.

Common Uses

This affidavit is frequently required for administrative purposes.

For example, if a single parent wishes to register a child in school, obtain a medical procedure for the child, or apply for the child's international passport without the other parent present, authorities may request this affidavit.

It is particularly common when parents are separated but not legally divorced, and one parent needs to prove they have the primary care of the child to third parties like visa officers or school principals.

Distinction from Court Orders

It is crucial to understand that an affidavit does not override a Court Order.

If a court has granted custody to the father, the mother cannot use an affidavit to claim custody legally.

However, in the absence of a court order (e.

g.

, in amicable separations or cases where the other parent is absent/deceased), this affidavit acts as the de facto proof of guardianship and control.

Required Declarations

The deponent must state their relationship to the child (mother, father, or guardian), the child's name and age, and the fact that the child resides with them.

It typically includes a clause accepting full financial and moral responsibility for the child's upbringing.

If the other parent is alive but absent, the affidavit may state that the other parent is aware of this arrangement or is currently unavailable.