Will I be able to get custody of my child who I have recently discovered is not my biological child. Will the mothers non-disclosue strenghten my hand in divorce proceedings. Can I claim compensation from the biological father.
Welcome, thank you for the opportunity to address your question.I need a bit more information in order to provide you with a comprehensive answer:
I was married at the time of birth. We married 2001, first child (mine) son 2003, 2nd child not mine, 2005, and we are still married.
I have always supported the child as the father and intend to proceed as such.
We have an antenuptial contract with accrual.
I am confident but not certain of who the father is.
Furthermore, my wife has failed a polygraph test on infideliy with another man (not suspected father), and has written oaths saying she has never cheated. She is a CASA commissioner of oaths.
Thank you for the information; it raises one further question, please bear with me:
yes I am
You have full parental rights over both children.
Any change in parental rights would have to be sanctioned by the High Court and it is not easy to achieve without your cooperation and will only be considered if it is in the best interests of the child.
You have competing rights to access and custody with your wife in respect of both children; it would be prudent to reach an agreed parenting plan in conjunction with the Family Advocate for both children.
Consider doing a paternity test to confirm any revelation that has surfaced before a pending divorce.
If your wife has conducted herself badly during the marriage or is guilty of any substantial misconduct on her part may be proven, you could apply during divorce proceedings for an order in terms of section 9 of the Divorce Act in which she could forfeit her portion of the accrual as a patrimonial benefit.
The biological father would have to contribute towards the child if he acquires limited parental rights and responsibilities, you would need to consider this very carefully.
It may not be prudent to attack your wife's professional credibility if it would diminish her ability to support the children as you would be left with a larger proportion of the maintenance costs.
I trust that the legal information and perspective provided is helpful in assessing your position going forward. I am always happy to clarify any aspect of my answer should you so require.Best regards,
B.Com LLB Registered Corporate lawywer
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