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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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Please may you assist me. I am an unwed mother and my

Customer Question

Good Day,
Please may you assist me. I am an unwed mother and my partner and I recently broke up. My daughter is 3 months old and he is threatening to take her away. He is a very wealthy and well connected man. What are my rights. He has two other children from two other woman as well. I do not want child maintainence, and I do not want a paternity test do. I would just like to walk away and raise my daughter on my own. What can I do to protect myself against this man, and how do I prevent him from taking her away from me as he earns almost 10 times my salary.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

There is no legal basis that your ex-partner (the child's father) can simply take the child away from you. He can threaten all he wants, only a Court can order that the child be placed in the father's care.

Having said that, you can't simply walk away. The child's father has certain rights of access that you can't deny. The court could order a paternity test if there is a dispute as to who the father is.

What you need to do is to document in writing every threat that he makes against you, and keep every email, etc.

Don't give in to his demands. Let him go to Court to get access rights.

My advice is to write a letter to him to explain that you will not be bullied, and that he can't threaten you, and that if he wants access rights he will need to go to Court to gain suitable rights, and also that he will need to pay maintenance for the child.

If you REALLY think that it is not his child, then you should suggest a paternity test. If you deny the test, then you are essentially admitting that it is his child.

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 STAR ratings or the SMILEY FACES to rate my 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.

Expert:  CaseLaw replied 1 year ago.

If you need more assistance, let me know specific questions.

Customer: replied 1 year ago.

Good Day,

I feel that my questions were not answered and I am a bit concerned, as this is not what the website advertised.

I would like more detail as I am facing intimidation of the highest note and the bit of information supplied to me is not helpful in the least.