WTT Lichuma Advocates LLP`S practice within this category is differentiated by our breadth and depth of expertise and experience ,cost consciousness ,outstanding client service and value added services.The law regarding children’s arrangements is complex and anyone considering arrangements for their child should obtain expert family law legal advice. A person may have legal or actual custody of a child or both. Legal custody means the right to possess a child conferred by a custody order awarded by the court. Actual or physical custody refers to the actual possession of a child, whether or not actual possession of the child is shared with other people.

Best Interest of the Child—not Best Interest of the Parents.

Kenyan courts use the “best interest of the child” standard to determine custody and visitation of minor children. This means that Judges must consider several factors, listed in the Acts, to determine how various parenting plans will affect the children, and try to write Orders that help the children’s lives change as little as possible, or be disrupted as little as possible, during and after a divorce or separation of their parents.

Judges also work hard to ensure that the children will have meaningful relationships with both parents, as numerous studies over generations of scholarship agree that this is almost always the best arrangement for any child. Generally, the court will encourage parents to share the responsibility of raising their children, and almost always order “joint legal custody” to the parents and then decide who is best situated for primary physical custody (meaning only where the child or children will primarily live).

Joint custody – where custody is shared between the parents/guardians with a determination on when each parent may have actual custody of the child.

Sole Custody with Access – Sole custody granted to one parent and the non-custodial parent has a right to have the child visit or may visit the child in their home without taking custodial possession of the child.

Sole custody – where custody is granted to one parent and no custodial rights are granted to the other parent.

Custody arrangements under a parental responsibility agreement – this is custody as determined under the terms of the parental responsibility agreement. This custody arrangement will need to be adopted as a court order to be binding on either party who has equal parental rights at the onset

Parental Right of Custody

Both parents to a child have the right to exercise parental care and responsibility over the child; including having custody of the child as both parents have equal rights and responsibilities. Nevertheless, to ensure the best interests of the child are foremost, courts often view the age of young children as a basis to grant wider custody to mothers to cater for the needs of such infants. Thus the parental right to custody may be regulated by considerations of the best interests of the child.

In legal terms, an illegitimate child is one that is born to parents who are not married to each other. In the past, these children were often left with little legal protection and limited inheritance rights.

However, in recent years many countries have realized the importance of protecting the rights of illegitimate children when it comes to inheritance -most commonly inheritance from the biological father. In some cases, these children may have the same inheritance as their legitimate siblings depending on the specific laws in the country.

The law governs inheritance rights for illegitimate children. Under this law, an illegitimate child can inherit from their parent’s estate but the child should always have a biological connection between them through acknowledgment by the father through the birth certificate, voluntary acknowledgment of paternity affidavit, administrative order of paternity , or by court order of paternity.

If a person does not have a valid will or estate plan at the time of their death, any probate assets left behind are divided according to that state’s intestacy laws. When it comes to inheritance claims, the rights of illegitimate children are governed by the estate plan documents or intestacy laws in the state where parents die. Illegitimate children face unique circumstances but in many countries, may be entitled to inherit from their parent’s estate