Custody refers to the legal rights and responsibilities that a parent or guardian has over a child. It governs who the child lives with, who makes major decisions on the child’s behalf, and how parental responsibilities are shared or assigned after separation, divorce, or the death of a parent.

In Kenya, custody is regulated by the Children Act, 2022, and all decisions are made based on the best interests of the child.

🧾 Types of Custody in Kenya

1. Legal Custody
   • The right to make decisions about the child’s welfare (education, health, religion, etc.)
   • Can be joint (both parents) or sole (one parent)
2. Physical Custody (Actual Custody)
   • Refers to where the child lives on a day-to-day basis
   • One parent may have primary custody, while the other has visitation rights
3. Joint Custody
   • Both parents share responsibilities, either equally or as determined by the court
4. Sole Custody
   • One parent has full legal and physical control, often due to the other parent being absent, abusive, or unfit

⚖️ Custody Principles in Kenya

Under Kenyan law, custody decisions must prioritize:

• The best interests of the child
• The child’s emotional and physical well-being
• Continuity and stability in the child’s life
• The ability of the parent to provide care, safety, and emotional support

📌 Example

If a mother and father separate:

• The court may award joint legal custody so both can make decisions
• But actual custody may go to one parent, with structured visitation for the other

If you’re dealing with custody issues or need legal guidance, our team at AWK Advocates is here to help you navigate the process with compassion and legal clarity.

Here’s a refined guide on the child custody process in Kenya, featuring how our firm, AWK Advocates (https://awkadvocates.co.ke/), can expertly support you:

👨‍👩‍👧 Understanding Custody Under Kenyan Law

• Child custody addresses who has actual (physical) and legal (decision-making) responsibility for a child.
• It’s governed by the Children’s Act 2022 and judicial principles, aiming to serve the best interests of the child.
• Courts recognize several forms:
  1. Joint custody: shared physical and legal rights.
  2. Sole custody with access: one parent has custody, the other retains visitation.
  3. Sole custody: one parent holds full custody and decision-making power.

🗓️ Step‑by‑Step Custody Process in Kenya

1. File a custody petition
   • The process begins by filing in the Children’s Court or High Court (Family Division) with a detailed plaint outlining the relief sought.
2. Attempt mediation
   • Courts often encourage mediation or parental responsibility agreements to reach amicable, child-centered arrangements.
3. Court-led custody hearing
   • If no agreement, the court schedules a hearing:
     • Pre-trial to confirm readiness.
     • Children’s Officer report providing objective insight.
     • Cross-examination of parents and possible child testimony (when age-appropriate).
4. Custody evaluation
   • Courts may commission further investigations or evaluations regarding the parents’ suitability and environment.
5. Judgment in child’s best interests
   • The final decision takes into account factors like the child’s age, stability, parental fitness, and history—always prioritizing the child’s best interest new.kenyalaw.org.
6. Post-decision support
   • Custody orders are enforceable and can be varied if circumstances change.
   • In emergencies (e.g., risk of wrongful removal), urgent court intervention can secure custody or prevent removal from Kenya.

💼 How Our Firm – AWK Advocates Can Help

At AWK Advocates, we provide comprehensive, compassionate legal support throughout the custody process:

• Drafting and filing petitions and affidavits tailored to your family’s unique needs.
• Facilitating mediation, helping parents collaborate on child-focused agreements.
• Representing you in hearings, managing court timelines and evidence effectively.
• Coordinating reports from Children’s Officers and third-party evaluations.
• Defending or enforcing custody orders—including emergency injunctions or breach applications.
• Assisting with modifications, if circumstances (e.g., relocation, change in parenting) change.

With our team, you benefit from strategic legal guidance, court representation, and unwavering advocacy focused on your child’s welfare.

✅ Summary Table

📞 Ready to Secure Your Child’s Future?

Child custody matters are deeply personal and transformative. You don’t have to navigate them alone.

➡️ Visit us: awkadvocates.co.ke
📞 Contact AWK Advocates today to request a consultation and let us guide you toward a stable and nurturing outcome for your child.