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Navigating Family Law: Tips for Divorce and Child Custody Cases

Navigating Family Law: Tips for Divorce and Child Custody Cases
Dick Warutumo

By Dick Warutumo on August 15, 2024

Divorce in Kenya

Divorce in Kenya can be a complex process, governed by the Marriage Act and the Matrimonial Causes Act. Grounds for divorce include adultery, cruelty, desertion, and irretrievable breakdown of the marriage.

  • Filing for Divorce: The divorce process begins with filing a petition in the appropriate court. It is essential to provide evidence supporting the grounds for divorce.
  • Mediation and Counseling: Courts often encourage mediation and counseling to resolve disputes amicably before proceeding with the divorce.

Child Custody and Support

Child custody and support are critical issues in divorce cases. The Children's Act prioritizes the child's best interests when determining custody arrangements.

  • Custody Arrangements: Courts may award sole or joint custody, depending on the child's best interests. Factors considered include the child's age, health, and relationship with each parent.
  • Child Support: Parents are legally obligated to provide financial support for their children. The amount of support is determined based on the parent's income and the child's needs.

Practical Tips

  • Seek Legal Advice: Consulting with a family law attorney is essential to understand your rights and navigate the legal process.
  • Focus on the Best Interests of the Child: Always prioritize the child's well-being when making custody and support decisions.