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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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My sister is currently in rehab abuse second time. She has 5

Customer Question

Hi, My sister is currently in rehab for drug abuse for the second time. She has 5 children who lives with her. The father does lives in Durban (we are in Johannesburg) and he is re-married but cannot afford the children, although he has indicated that he wants to take them. He usually keeps them for a couple months and then sends them back to the mum (which disrupts their schooling). I don't want to send the children to their dad (who is also a drug addict). How can we keep the kids from the dad?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I don't think that there is any obligation on you to send the kids to the father. Make the necessary plans and see what you can do that is best for the kids.

Then, if the father is upset about the decision, then let him come to court to ask the court to make the kids stay with him. He will need to show that it would be in the kids best interests to do what he wants, and not what the mom/you guys want.

You should carry on as per normal.

If the dad can't financially afford to look after the kids, then why should he be entitled to complain when you guys are doing your best and he doesn't like that?

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the SMILEY FACES to rate my answer and then click the GREEN ACCEPT button to accept the answer.

Good luck and best regards,

CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Customer: replied 1 year ago.
Thank you. Is it possible for my cousin to keep two kids, they are not the kids immediate family so I wasn't sure if we could leave the kids with them? I also want to know how can I get guardianship of the kids to sign for changes in schools and any other legal documents.
Expert:  CaseLaw replied 1 year ago.

Q: Is it possible for my cousin to keep two kids, they are not the kids immediate family so I wasn't sure if we could leave the kids with them? --> Yes it is, but you'll need to remember that at the end of the day the parents need to decide what's best for the kids. If the mom says "stay with cousins", then that goes. If the dad does not agree, he can apply to court.

Q: I also want to know how can I get guardianship of the kids to sign for changes in schools and any other legal documents. --> Unfortunately that's going to be a little bit harder as you can only be appointed as a guardian by Court order, or by a Will. I think that it would be best if the mom continued to sign all documents on behalf of the kids.