LEGAL AID: My nephew’s dad refuses to provide for him

I have a family to provide for too and I have no ability to pay fees and provide for the boy. PHOTO| FILE| NATION MEDIA GROUP

What you need to know:

  • I took custody of the boy until when my sister finished college. She was got casual jobs and this enabled her to take care of the son independently.
  • She has been making several attempts to make the father of her child (a renowned doctor in Turkana County)provide for the boy in vain.
  • Last year, her contract came to an end and I was forced as a sister to relocate them to my house for upkeep as she looks for a job.
  • Do you have a legal problem you would like addressed by a lawyer? Please email your queries to [email protected]  

I’m writing on behalf of my sister. In 2009, while in college, she got pregnant by a medical student. Later in the year, she gave birth to a baby boy. The father of the child and my sister never got to stay together since they were both students. I took custody of the boy until when my sister finished college.

She was got casual jobs and this enabled her to take care of the son independently. She has been making several attempts to make the father of her child (a renowned doctor in Turkana County)provide for the boy in vain.

Last year, her contract came to an end and I was forced as a sister to relocate them to my house for upkeep as she looks for a job.

We have tried to convince the father to provide for the boy, but he is very adamant.

I have a family to provide for too and I have no ability to pay fees and provide for the boy. Should we go to the Children's Department?

We are seeking for a solution to this problem.

 

Answer,

Dear Madam,

In law both parents, whether married or not, have equal responsibility to provide for the child. The Children’s Department would be a good start.

Should you fail to get the desired results you may proceed to court to seek maintenance.

In this case, the court may first establish paternity then proceed to make maintenance orders.

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Eric Mukoya is the Executive Director, Legal Resources Foundation Trust. Do you have a legal problem you would like addressed by a lawyer? Please email your queries to [email protected]