My fiance’s baby mama is drama

Dear Harold,
My fiance has a one-year-old child with another woman, and she is driving us crazy. They got involved before we met and now what binds them is the baby. She keeps demanding for money for the baby’s maintenance claiming her salary is little. We are now tired of her demands and her fresh threats to take up the matter with the Federation of Women Lawyers (Fida-Kenya). What would be the outcome should Fida-Kenya take up the issue ? She has also threatened to report to the Children’s Department.
Ndali, Nairobi

Dear  Ndali,

Article 53 of the Constitution upholds the rights of the child. It provides that parental care and protection — which includes equal responsibility of the mother and father to provide for the child whether they are married to each other or not. It furthers says a child’s best interest are paramount in every matter concerning the baby. Therefore, your fiancé has no option but to participate in the provision of upkeep and maintenance for the toddler. The mother of the baby can also report to the nearest children’s office to compel your fiance to consider giving financial support until the children reach 18 years old. Should he refuse an amicable solution, the children’s officer may apply — in court — for orders of maintenance from him, which may include an attachment of up to one third of his monthly income. The court will not require proof of marriage, but rely on the fact that he accepted parental responsibility.

 Got a family related legal issue? Ask the lawyer on [email protected]