How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WCLawyer Your Own Question
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

The father of my child is not part of my life, has never

Customer Question

The father of my child is not part of my life, has never paid child support and doesn't contribute in any way in the child's life. She is now 3 years old, I do not know where he is or what he does and I need to change my daughters surname from his to mine and be allowed to travel with her without his consent. We were never married. How do I go about this? How much would a lawyer charge to assist with something like this?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning

Am I correct in assuming that his name is ***** ***** birth certificate as the father?

Customer: replied 1 year ago.
it is.
Expert:  WCLawyer replied 1 year ago.

Unfortunately, since he has been identified as the father on the birth certificate, he would have parental rights and responsibilities as per section 21 of the Children's Act, read with section 18 of the same Act. This would include being the co-guardian (with you) of the child.

Unfortunately, that means that if you want to be the sole guardian of the child, you would have to approach the High Court for an order to make you the sole guardian of the child. That would mean that you would have to appoint an attorney to assist you with that application.

With regards ***** ***** the surname, I am afraid that it is another application if you cannot obtain the father's consent to change the surname. Both the applications for guardianship and the application for a name change can be done in the same application. Meaning, you don't have to go to court twice for both orders. It can be dealt with in one appearance. It does, unfortunately, mean that you would have to appoint attorneys.