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Dear Harold,
I have been in four controversial relationships that ended in either divorce or separation. My life is now complicated as I had children with all the men — three of the men had children in earlier relationships that I took in. I am now left with eight children in the house out of which only four are biologically mine. The fathers of the children who are now married to other women do not assist me in raising the babies and I now intend to sue them. Kindly guide me on how to go about this.
Wambui, Nairobi.
Dear Wambui,
According to the Children’s Act, both biological parents share parental responsibility of a child whether the baby was born during or after marriage to each other. Neither parent shall have superior right or claim over the baby in exercising parental responsibility.
More than one person may have parental responsibility for a child at the same time. According to the Act, where more than one person has parental responsibility for a child, each of them may act alone in implementing the responsibility. Men also acquire parental responsibility when they accept paternity of the child or stay with the baby for 12 months after birth. The law also presumes that providing basics to a child like buying clothes, food and catering for medication amounts to maintenance and consequently acceptance of parental responsibility. A biological parent can also move to court to force a father or mother to accept parental responsibility of a baby.
The court can order a spouse to remit monthly payments to support the child after establishing both incomes of the parents.
join