Child custody in Equatorial Guinea
Equatorial Guinea follows the Spanish civil-code tradition of parental authority, with customary law still important for many families.
Updated October 2026. Spotted a mistake? Tell us.
A general outline, not a checked profile
We have not yet researched Equatorial Guinea line by line. This page describes how countries with the same legal tradition usually work, so that the map is not blank, and it can differ from the law in Equatorial Guinea. Reliable, current information is hard to find for many African countries: laws are often not published online or not translated, customary and religious rules are unwritten or differ from one community to the next, and reforms are not always reported.
Can you help? If you know the rule in Equatorial Guinea, or you work with its law, please email us what it says and where it is written. We will check it and update the page, with credit if you wish.
If the parents are married
Both parents hold parental authority together, and the child's interests come first.
If the parents are not married
The parent who recognises the child holds parental authority. The father gains it by recognising the child.
The unmarried father, in one line: Depends on the form of the marriage and on the community.
After a divorce or separation
The court decides where the child lives and the contact of the other parent, by the child's interests.
What the child can say
The child's views are heard according to age and maturity.
Moving house or moving abroad with the child
Where both parents have parental responsibility, taking a child to live abroad generally needs both parents' agreement or a court's permission. Check the rules before any move.
If the parents live in different countries
Equatorial Guinea is not in force under the 1980 Hague Child Abduction Convention, so there is no treaty route to ask for a child to be returned. Local advice is essential.
What to watch for
- Many families live under customary law, which varies from one community to the next and is often unwritten. In some communities a child belongs to the father's family, in others to the mother's, and the courts increasingly apply the child's best interests whatever the custom says.
Understand the legal system first
Equatorial Guinea belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Equatorial Guinea legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Equatorial Guinea? →
Official sources
Other countries
AlgeriaAngolaArgentinaAustraliaAustriaBelgiumBeninBotswanaBrazilBulgariaBurkina FasoBurundiCabo VerdeCameroonCanadaCentral African RepublicChadChileChinaColombiaComorosCôte d'IvoireCroatiaCyprusCzechiaDemocratic Republic of the CongoDenmarkDjiboutiEgyptEritreaEstoniaEswatiniEthiopiaFinlandFranceGabonGambiaGermanyGhanaGreeceGuineaGuinea-BissauHungaryIndiaIrelandIsraelItalyJapanKenyaLatviaLesothoLiberiaLibyaLithuaniaLuxembourgMadagascarMalawiMaliMaltaMauritaniaMauritiusMexicoMoroccoMozambiqueNamibiaNetherlandsNew ZealandNigerNigeriaNorwayPhilippinesPolandPortugalRepublic of the CongoRomaniaRussiaRwandaSão Tomé and PríncipeSenegalSeychellesSierra LeoneSingaporeSlovakiaSloveniaSomaliaSouth AfricaSouth KoreaSouth SudanSpainSudanSwedenSwitzerlandTanzaniaTogoTunisiaUgandaUkraineUnited KingdomUnited StatesZambiaZimbabwe
TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
