In Kenya, Child Custody is governed by the Children Act. The Act aims to protect the best interests of the child in matters of custody and guardianship. There are two types of custody namely, sole custody and joint custody. In sole custody, one parent is granted custody rights, whereas the parent may be granted visitation rights. In joint custody, both parents share custody rights and responsibilities. The court may also appoint a legal guardian for a child. In cases where one parent resides in a different country, the Hague Convention on the Civil Aspects of International Child Abduction may apply. This Convention aims at protecting children against wrongful removal from their country of origin.

Every child has the right to parental care and protection which includes equal responsibility of both parents to provide for the child whether they are married to each other or not. This is in accordance to article 53(e)of the constitution. A person may have legal or actual custody of a child or both. Legal custody means the right to possess a child conferred by a custody order awarded by the court .The court consider several factors in making custody orders such as;
I. Best interests of the child.
II. Age of the child.
III. Wishes of the child.
IV. Wishes of the parents of the child.
V. Issuance of other court orders relating to the child.
VI. Fitness of the parents
There are different types of child custody arrangements .These are; Joint custody, sole custody with access, sole custody and custody arrangements under a parental responsibility agreement.
A child custody may be applied by either a guardian, a parent or a person with a legitimate interest in the welfare of the child. The steps for child custody are conducted by the parent seeking custody filing a suit in the appropriate court ordinarily the children's court.