I need advise on how I can get custody of my grandaughter.I need to know what the main reasons would be for the court to take a child away from her mother and what I would need as proof.Would it even be worth my while trying or would it be nearly impossible, while costing a fortune ?
Have not yet started the process.
Still trying to find an attorney
Can you please give me more detail on why you would want to take your granddaughter away from her mother?
Sorry if I leave the chat, but need to be away from computer from time to time and will get back to you asap. I am awaiting the further information to properly assist you.
My granddaughter was born out of wedlock. Her father has no interest in her. Her mother doesnt provide stability and routine. I already have her stay with me from Wed to Sunday every week. I have also just found out that her mother is a dancer (amongst other things) at Teaser's and have been paying some random person, in the past, to take care of my granddaughter in the evenings.She drops my granddaughter at creche everyday, fetches her around 5. Then leaves her at another person while she goes to work. She has no interest in my granddaugher and does not provide the emotional and physical stability and routine that a small child needs to grow and flourish. My granddaughter use to be a friendly bubbly little thing. Even her deminer has changed. She is only 17 months old.
Hi thank you for the info. My answer follows:
You are indeed entitled to obtain primary residence (custody) of your grand daughter in terms of the childrens act. This is obtained by an order of court changing the child's primary residence to yourself. The most important issue that the court takes into consideration is what is in the best interest for the child.
with a small child the child view on the matter does not play such a big role, but can indeed be indicative.
What is in the best interest of the child is normally measured against physical care, emotional care, circumstances in which the child lives, which include the day to day care of the child. These circumstances of the mother would then be compared to your circumstances.
An application for such an order can now be brought in the Childrens Court(Local magistrate court), but the process would still be lengthy as the Family Advocates involvement is needed. This investigation by the family advocate is done with goverment resources and normally quite accurate.
the big costs come in if one do not accept the family advocate's recommendations, then one would have to appoint experts to contradict the family advocate.
The application of the requirements and determining what is in the child's best interest is a factual question that need to be answered, and each matter needs to be decided on its own facts and merrits.
Hope this gives you a more clear indication on the way forward. you are welcome to contact me should you need more info. I will leave chat, but will respond asap should you need more info.
What are the determining factors that the family advocate look for ?
What would be valid reasons according to the court, for me to apply for custody?
The Family advocate investigate the matter independently. Each matter is investigated independently. the factors they and the court take into account are not limited but are all taken into consideration to determine what is in the child's best interest.
some criteria would be the following:
1. The physical care of the child, in other words are the child taken care of physically
2. The emotional bond the child has with his/her mother or any other person
3. The emotional care of the child
4. The ability of the parent to take care of the child
Please note that financial inability do not make one a bad parent.
In what you have stated above there seems to be enough reason for you as maternal grandparent to apply for primary care over your grand daughter. The fact that you provide her with stable loving enviroment is a big factor that should be taken into account.
I do not know what your daughters views are, but it will be best for all concerned if you and your daughter come to some kind of agreement that your granddaughter stay with you and that she have contact to the her.
HiThis is a short follow up on our conversation regarding the adoption of your grand daughter. Feel free to ask for more info regarding your question, if you have no more questions please rate my service. this will ensure high service delivery levels in future.Regards
Advocate of the High Court of South Africa
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).