The Sole Guardian Affidavit is a critical legal instrument in Nigerian family law, used when an individual needs to formally establish their role as the sole guardian of a child. This document becomes necessary in various situations, such as the death of parents, abandonment, or when one parent seeks exclusive guardianship due to compelling circumstances. The affidavit must comply with both federal legislation (including the Child's Rights Act 2003) and state-specific requirements, particularly in states where Sharia Law applies. It contains comprehensive information about the proposed guardian, the child, and the circumstances necessitating sole guardianship, along with declarations of financial capability and commitment to the child's welfare. The document requires formal attestation by a Commissioner for Oaths and must be submitted with supporting documentation to the appropriate court registry.
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1. Title and Introduction: Formal title of the affidavit and introduction of the deponent (person making the affidavit)
2. Personal Details of Deponent: Full name, age, occupation, religion, and residential address of the person seeking guardianship
3. Child's Information: Full details of the child including name, date of birth, current residence, and any identifying information
4. Relationship Declaration: Statement explaining the relationship between the deponent and the child
5. Grounds for Sole Guardianship: Detailed explanation of why sole guardianship is necessary and appropriate
6. Current Care Arrangements: Description of existing living arrangements and care provisions for the child
7. Financial Capability: Declaration of financial ability to care for the child
8. Welfare Commitment: Statements regarding commitment to the child's education, health, and general welfare
9. Truth Declaration: Standard declaration that all statements made are true and correct
10. Jurat/Attestation: Formal closing section with signature, date, and commissioner for oaths' attestation
1. Deceased Parent Details: Information about deceased parent(s) if guardianship is sought due to death of parent(s)
2. Absent Parent Declaration: Details about absent parent(s) and attempts to locate them, if applicable
3. Medical Needs: Special section for children with specific medical conditions requiring special care
4. Educational Provisions: Specific educational arrangements or needs of the child
5. Cultural Considerations: Special provisions for maintaining cultural or religious connections
6. Previous Court Orders: Information about any existing court orders relating to the child
7. Emergency Contact Information: Additional emergency contacts and alternative care arrangements
1. Birth Certificate: Certified copy of the child's birth certificate
2. Death Certificate: Copy of death certificate(s) of deceased parent(s), if applicable
3. Financial Documents: Proof of financial capability (bank statements, employment letter, etc.)
4. Character References: Letters from respectable members of society vouching for the deponent's character
5. Medical Records: Relevant medical records of the child if applicable
6. School Records: Current school records or enrollment documentation
7. Previous Court Orders: Copies of any relevant previous court orders or legal documents
8. Identification Documents: Deponent's identification documents (passport, national ID, etc.)
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