A Nigerian lawyer, Atanda, has warned men about the legal risks of marrying single mothers in Nigeria.
The lawyer took to Facebook to share his advice and cautionary words.
Children of a Single Mother Are Legally Not Yours
In his post, Atanda explained that if a man marries a single mother, her children from a previous relationship are not legally his, especially if their biological father is still living.
“Her children are not your children and they will never be your children, especially when their father is still alive,” he said.
He added that a man cannot legally adopt children whose father is alive, and that attempting to assume full responsibility may result in legal obligations::
“If you turn yourself into their guardian and start taking over their responsibilities, the law may hold you liable for their maintenance, even if you later divorce their mother.”
Rights of the Biological Father
The lawyer stressed that the biological father retains rights over his children, regardless of the mother’s new marriage.
“The biological father still has the right to visit his children. You have no right to stop him, though you can prevent him from visiting them inside your property. You can travel with their mother, but you can’t take the children without the father’s consent.”
Atanda also warned that falsely registering the children as one’s own could be considered child trafficking under Nigerian law.
Divorce Decree and Legal Marriage
The lawyer further advised men to ensure the mother provides evidence of her divorce before marrying her, warning against assumptions based on traditional marriage or bride price:
“If you marry their mother without asking her to show you evidence of her divorce decree absolute, ignorance of the law is no excuse. You could end up in serious legal trouble for bigamy.”
He emphasized that legal parentage is determined by biology, not tradition or bride price payments:
“Nothing like, ‘the woman’s ex did not pay her bride price, so the children now belong to me.’ Na biological factor determines who is the papa, not marriage factor or bride price factor.”
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