07/07/2024
To explain more on the post I made yesterday about Davido's Baby mama having valid points.
Read the angle of the law on the case as put together by a renowned lawyer. 👇 👇👇
REASONS WHY DAVIDO WILL NOT BE GRANTED PHYSICAL CUSTODY OF A CHILD OVER THE OBJECTION OF THE CHILD'S MOTHER
By DPA...
(1) The need to avoid disrupting the child's life: The courts do not like to make changes that will inconvenience or disrupt the child's life. So, if the child has been with her mother all her life, it is in her best interest to leave her with her mother. To transfer her to the father will result in her changing school, her being separated from her friends, changing her pediatrician, relocating her to a new environment. Such disruption in the life of the child is discouraged and the court will try to avoid it. So, Davido will not be allowed to take physical custody if that would lead to an avoidable disruption of the child's life.
(2) The comparative lifestyle of the parents: Davido is a man, used to high level social exposure. He is constantly surrounded by artists, fans, security guards and various groups of people in the entertainment industry. He is not even in control of his environment. Any child living with him as the primary care-giver is likely to be relentlessly exposed to strangers including possibly people who could harm her. Compared to the mother, she may be socially active too, but nothing near the level of Davido.
(3) The nature of the parent's work: Davido cannot be a suitable primary care-giver because, as a musician, he is constantly traveling to different places where he is needed to perform. He will either be traveling to various musical concert venues or he will be leaving the child in the care of nannies for a long intervals and rapid frequency. Compared with the mother, the mother does not have such schedule. So, the mother will get custody, not Davido.
(4) History of the parent in taking care of children: Davido lost a child in his custody to drowning in a swimming pool in his house. Even though it was ruled an accident by the Nigerian standards, the fact remains that he and the mother of the child were not at home when the child fell into the swimming pool. He had a swimming pool which was not supervised and not secured against children. This tragedy alone would make every judge shudder if asked to grant custody to Davido (whether sole custody or joint custody. He simply cannot be trusted to look after a child. Ifeanyi's tragic death has put paid to that question.
(5) History of the child's development: The court will consider the comparative fitness of the mother and father over the years. Can the mother be considered a fit and proper parent to have custody? Has the child been doing well in her care? Davido must prove that the mother could not take care of the child or that she harmed the child. It is not enough to say, "I want custody because I have some dispute with her because she is not allowing me to come to her house anytime i want and she is always asking for money. She is using the child to extort mobey from me."
(6) What sort of access will the other parent have if custody is given to this parent: Davido has homes in Nigeria, Atlanta and elsewhere, while Sophia is living in Europe. Davido has a private jet. If Sophia has custody, it is much easier for Davido to travel to the city where Sophia is to see the child, while it is much harder for Sophia to travel to wherever Davido is to see the child. If granting Davido custody would diminish Sophia's access, the court will not grant him custody.
(7) Any special circumstances: The court will consider if there are special circumstances that would tilt the scale. There are several special circumstances in Davido's life that will cause the court to deny him custody. One such factor is his tendency to be loose with women. The fact that he has multiple baby-mamas and children in different places does not paint a picture of a thoughtful and disciplined family man. Family either has no meaning for him or it has an entirely different meaning to him than to a normal men. Another factor is that he has been seen on many video clips surrounded by people who are smoking and drinking. To expose a young child to such environment will be considered detrimental to the child.
NOTE:
Custody is different from access. Indeed, they are opposites because when one parent gets physical custody, the other parent gets access. Many of you have wrongly assumed that if Davido does not get custody, that means he will not have access. You are wrong. Access is a sure banker for Davido since he is not getting custody.
Further, some of you were hammering on joint custody. But that won't work, given the same reasons above. In addition to the reasons above, joint physical custody is not practicable when the two parents live far away from each other. Assuming they were living in the same street, yes, there could be a joint custody, which means that the child has two homes - one home at mama's house and the other home at papa's house - without having to change environment.
If you want to learn, learn. If you don't understand, you should ask questions. If you want to argue, you better be a lawyer or you go somewhere else, maybe some fool's paradise and argue there.
DISCLAIMER: I gave you what is more or less the universal judicial standard. In Nigeria, however, things may be different because you can bribe a judge and he will sell justice to the rich.
