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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2455
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I have a 5year old daughter out of marriage.i have never lived

Customer Question

I have a 5year old daughter out of marriage.i have never lived with the mother of the child since the child was born. however I have financially supported the child and the mother who was unemployed for the last 5 years. The mother has been on and off drug and alcohol abuse during the last 3 years. the child and I was verbally and physically abused during this period. I have a restraining order as a result against her. over the past 3 month I am no longer involved with the mother. She now is involved in a relationship with another man and lives with him. she left the child to live with the childs grandmother because the boyfriend wants nothing to do with our child. I want sole custody of my child because the area the grandmother lives is very bad. I believe that that the grandmother who lives with a boyfriend is also a drug addict.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.
Good afternoon,
Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
You will have to bring an application to the High Court or Children's Court for sole custody. The Court will consider all the relevant factors, you will have to provide proof of all the allegations you make as well and convince the Court that your application is in the best interest of the minor child.
The family advocate will be involved and will have to investigate the matter and make a recommendation. They will visit both parents as well as the grandmothers house and then present their findings to the Court.
If the Court is convinced that it is in the best interest of the minor child, they will make an order as you request.
I hope this answered your question.
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Regards
Customer: replied 1 year ago.
Does the the mother have the right to leave the child with the grandmother without my permission? Since the boyfriend is not interested in the child, this looks like permanent situation.
Expert:  Freddie Lombard replied 1 year ago.
A child's parent can make certain decisions about for example where to leave the child. These rights extend to both parents.Given the fact that the child was with the mother and is now with the grandmother, it does not change you position in that you will still have to apply to court to get the child put into your custody. You cannot simply take the law into your own hands and go remove the child.Please remember to rate my service. Kind regards