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Father may apply for access to or custody of his child born to a single woman

Cap. 173, s. 85 · Revised Edition 2020

(1) The father of a child born to a single woman may apply to the court sitting in the district in which a child normally resides for an order granting him right of access to, or legal custody of, the child while such child is under the age of eighteen years. (2) Before considering such application, the court shall be satisfied that the applicant has, (a) admitted paternity of the child in a manner satisfactory to the court; or (b) been judged to be the father of the child in accordance with the provisions contained in this or any other Act. 55 (3) An application made under this section for legal custody shall allege one or more of the following grounds, (a) that the mother of the child has deserted or abandoned the child in such a manner as to endanger the health or well-being of the (b) that the mother is by reason of intemperate or immoral habits (such as prostitution or drunkenness), or for any other reason, unfit to have custody of the child; (c) that the mother does not exercise proper care and control of the child; (d) that the order, if made, will be in the best interests of the child, and a social services practitioner employed by the court has so confirmed; (e) any other matter relevant to the application. (4) The mother of the child may be required by the court to appear and make representations to the court touching on the application then being considered. (5) Before granting the application, the court shall be satisfied that the order, if made, will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child, having regard to its age and understanding.
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