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My ex & I currently have joint custody of our 4 year old daughter.

 
SA-TOPLAW's Avatar
  • Answered by:SA-TOPLAW
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in South Africa Law

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Customer Question

My ex & I currently have joint custody of our 4 year old daughter.
I received an email from him a few hours ago stating that he gives full guardianship of the child to me & that he waives any rights.
Can I use this email to get full custody of my daughter?

 

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Province: Gauteng

Submitted: 285 days and 12 hours ago.
Category: South Africa Law
Value: £11
Status: CLOSED

Accepted Answer

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Expert:  SA-TOPLAW replied 285 days and 8 hours ago.

Hi there - the email will certainly assist you in an application to get sole custody. I would simply go to your divorce attorney discuss the email with him and ask him whether he believes on the strength of the email alone he can apply to vary the divorce order and settlement agreement. I can almost guarantee you that you will need a full application to court after serving notice on your ex, you will probably need another family advocate's report as well confirming sole custody is in the childs best interest. I hope this helps. Regards

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 94.1 %
Accepts: 699
Answered: 6/29/2012

Experience: All areas of commercial and contract Law - specialist in property advice.

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Customer replied 285 days and 8 hours ago.

I also have medical records that my child is always ill when she returns from visits to her father. Would these strengthen my case in your opinion?

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Expert:  SA-TOPLAW replied 285 days and 3 hours ago.

Hi - it could help you if you can show that their is a correlation between the visits and the child not feeling well. Regards

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Expert:  SA-TOPLAW replied 285 days and 2 hours ago.

Hi - Thanks for accepting and good luck!

 
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