I am currently in an unhappy marriage and divorce is just a matter of time. I am trying to search a job to improve my current position and in order to support my child. Unfortunately I have a feeling my husband is planning a divorce behind my back and I have a feeling he will take away everything, including my child.How can I prevent him taking custody of the child?and how can i protect myself for unexpected surprises?Will I automatically get custody of the child if he is seeing someone else?Thanks for the advice.
Province: Eastern Cape
HiWelcome to Just Answer!! Thank you for giving me the opportunity to assist you.
How are you married?
How old is the child?
We are married in community of propertyand the child is 5 years old
Relist: Answer came too late.
There is no way that he can merely take evrything away as you are married in community of property. You are entitled to 50% of the estate as well as 50% of his pension.
The child is far too young and there is no chance that the custody will be awarded to him unless you are found to be totally unfit to be a mother.
What happens when i have an affair within the marriage and thats the cause of the divorce...will I loose my child?
This is not a reason for not having the child.
The court looks at your ability to look after the child and whether you attend to the childs needs. This is nothing to do whether you had an affair or not. However, if you for example abuse drugs then it is a different story...
Will a divorce without affairs on both sides, be handled differently as if one of the two has an affair? If yes, what is the difference? Will the marriage in community of property still be vaild? Is a younger child always going to the mother, when not using drugs etc?
It does not make a difference at all.
It just proves that the marriage has irretrievably broken down, that is all. The child at a very young age is seen to be important to be with the mother at a young age.
Admitted Attorney 17 years experience
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