A private legal practitioner has cautioned divorced couples not to use poverty as a basic reason not to take care of their children.

Sena Hotor noted this while outlining the legal processes involved before a court decides which parent gets to keep the child after the completion of a divorce case on Joy Prime’s morning show on Monday.

Esq Sena mentioned that poverty is part of the court’s considerations when dealing with the custody issues of divorced couples.

Most partners do not prefer to leave their children under the care of their spouses, who are financially weak, thereby denying them the opportunity to show parental love to their children.

These wealthy partners keep the children without the approval and consent of the court.

According to him, "Poverty is not an excuse. You can’t say that because your husband has lost his job, it’s best to keep the baby."

He also asserted that no parent under the laws of Ghana is permitted to take custody of their child without approval by the court, even though they might be capable.

Also, the gender of the child is another factor to be considered when deciding who qualifies to keep and care for the child after the divorce.

"If the child is a female or even a male, they would go to the mother once they’re young enough."

However, if the husband can demonstrate to the court that the mother has repugnant behaviour that may endanger the kid, custody is awarded to him.

As to when the decision on custody is taken, he said "It is determined during the divorce proceedings. So, we don’t wait till the end."

Lawyer Sena further cautioned that a parent could serve a jail term for taking custody of a child without the consent of the other party, as it is considered kidnapping under the law.’

He revealed that over 405,000 divorced couples in Ghana are facing custody challenges because the court has yet to decide who keeps custody of their children.

The Divorce Series comes off every Monday and Thursday on Prime Morning throughout the month of July. Keep tuned in to the show from 6 a.m. to 10 a.m. for more insightful topics on divorce.