I quit my job but my husband didn't honour our deal

Dear Harold,

We were married in a colourful church wedding after meeting at the workplace ten years ago. I resolved to resign as the company policy forbids spouses working in the same office. We resolved that he keeps his job as his salary could support us comfortably. Unfortunately, he turned into a stranger eight years into the marriage, having affairs with fresh employees, coming home drunk late at night. I have resolved to move on with our two daughters aged seven and four years old. Is there a legal process to ensure I get the children without physical confrontation? Roslyne, Kisumu

 

Dear Roslyne,

It is possible to move on with your two daughters. What you are asking for is, in law, known as custody, which is when a married couple either separate or divorce and questions arise over who shall keep the children. It may either require an out-of-court agreement or application in court for an order of custody. However, you must prove to the court that your husband is irresponsible as alleged before securing orders to take the children away. Normally, courts consider the interest or welfare of the children and give custody to the parent it thinks has their best interest at heart. Furthermore, precedent shows that courts - especially where the children are as young as yours – give custody to the mother because of the nurturing role she has to play towards their growth. Other considerations are if either of the parents has neglected the matrimonial home, is a drunkard, drug addict, abusive or violent. When your daughters reach 18 years old, they can seek orders from the court for maintenance for their tertiary education or the custody orders may end after the now adult children decide who to stay with.

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