Custody Battles

Dear Reader,

The 'Best Interest of the Child' principle, in practice, means an infant would normally be put in the custody of its mother if she has good character and the means to look after the child.

It would be strange for an absentee father to successfully win custody of a child with the intention of giving that child into the care of his mother (the child's grandmother).

Even where the biological mother does not have the financial means to look after the child, that is not enough reason to take the child away from her. This is because the father is still responsible for the maintenance of the child (and he can be compelled by the court to pay for the maintenance of the child).