Children and the influence of Lobolo

In African culture, the rights of custody and guardianship over children of a marriage belong to the man who paid the lobolo, regardless of who gave birth to the child. Even a child conceived through adultery by a married woman belongs to her husband, and he has the same rights over the child as he does over his own. However, the natural father can acknowledge his rights to the child by paying damages to the husband, and later paying for the child's upbringing when they are old enough to leave their mother.

An African man has parental responsibility over his sons until they set up their own homes, and over his daughters until he hands them over as brides to their husbands. He can sue seducers of his daughters for damages, and any resulting child belongs to him, with his discretion on whether or not to relinquish custody to the natural father.

Despite the strictness of customary law regarding parental rights, the welfare of the child is of primary importance in custody cases. Courts often award custody to the mother's family if it is in the child's best interests, especially for babies and young children who need their mother's care. However, the father can resume custody when the child reaches about seven years old, as long as it is not against their best interests.