TMK : “Mother Fights to Keep Son in Country”

A Kenyan woman has taken legal action to prevent her four-and-a-half-year-old son from being relocated to the USA. TMK, the mother, is seeking sole custody of the child, citing her full residency in Kenya and her role as the primary caregiver since 2019.

TMK has been living with her son and her mother (the child’s grandmother) in Nairobi since February 2019. She has filed an application to be heard in court on Friday morning to secure custody of the minor.

The woman argues that she is better equipped to make decisions regarding the child’s welfare as she has been actively caring for him. The boy holds dual citizenship of Kenya and the USA, but TMK asserts that it is in his best interest to remain in Kenya, where he currently attends school.

TMK states that she is financially capable of providing for the child’s basic needs independently. She explains that the child’s father, a US citizen identified as CAD, has not been involved in the child’s care since 2019.

According to court documents, the parents met in 2016, cohabited for a period, and the boy was born in November 2017 in Brooklyn, New York. Plans for marriage were abandoned, and the mother moved back to Kenya with the child in 2019 after the father allegedly abandoned them in the USA.

TMK’s application for sole custody emphasises her desire to have full control and responsibility for the child’s upbringing. She highlights the challenges of co-parenting with a distant father and asserts her ability to provide a stable environment for the child in Kenya.

The relocation of the child to the USA was initially ordered by a Nairobi court, but the process has been halted pending the resolution of the custody dispute. TMK’s legal battle reflects the complexities of international custody disputes and the importance of considering the child’s best interests.

The court proceedings have revealed allegations of abandonment against the child’s father, CAD, who is accused of leaving TMK and the child without support in the USA. TMK’s decision to return to Kenya with the child was driven by the lack of resources and assistance in the foreign country.

Senior resident magistrate Festus Terer previously ruled that neither parent had the capacity to be the child’s sole guardian, leading to the involvement of the authorities in facilitating the relocation process. However, TMK’s legal efforts seek to challenge this decision and secure custody in Kenya.

The ongoing court battle highlights the emotional and legal complexities of international custody disputes and the challenges faced by single parents in navigating cross-border issues. TMK’s determination to protect her son’s interests underscores the importance of legal protection for children in such situations.