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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1356
Experience:  BLC LLB (Pret) LLM (Augsburg)
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What are the legal procedures to obtaining sole custody of

Customer Question

What are the legal procedures to obtaining sole custody of my infant son?  I am currently still married and about to start the painful process of divorcing.

Submitted: 3 years ago.
Category: South Africa Law
Expert:  Mike Otis replied 3 years ago.
Welcome, and thank you for your question.

On what grounds are you seeking sole custody?

Yours faithfully
Customer: replied 3 years ago.

In the two months that I left his father's mother's home, he has been to visit us on one occasion for 3 days, and he doesn't phone or write to inquire about his son, nor does he support us financially. Since the beginning of our relationship I have been the sole breadwinner. As my work requires me to travel extensively, I need to obtain a letter of consent from him confirming that my son may travel with me, he refuses to write this letter. Our relationship deteriorated into an emotionally, psychologically, spiritually and physically abusive, exacerbated by his mother. From the time my son was 3 weeks old he threatened to take my son away from me and return to South Africa to his family, we were living in Germany at the time of his birth.

Expert:  Mike Otis replied 3 years ago.
Are you referring to travelling beyond the borders of SA?

When you say the father has been physically abusive, kindly provide more details:
1. What did he do and how often did he do it?
2. Was the violence directed towards you or the child, or both?
3. Have you reported any of these incidents to the authorities?

Yours faithfully