The issue of custody in Nigeria is one which is to be treated efficiently.
The paramount interest of the court is in the benefits of the child and not the punishment of a spouse for misconduct.
In Alabi v Alabi, Agube JCA held that the following are key to determining who should have custody:
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- The degree of familiarity of the child with each of the parties
- The amount of affection by the child for each of the parties and vice versa
- The respective income of the parties
- Education of the child
- The fact that one of the parties now lives with a third party who is either a man or a woman