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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I have a daughter out of wedlock, she pretty much lives with

Customer Question

Hi. I have a daughter out of wedlock, she pretty much lives with me and her mother has her every 2 weeks or so for a weekend (when she feels like it). When I have my daughter, her mother will not contact her for 2 weeks, sometimes longer to see how she is and she just shows up to fetch her without warning. My daughter goes hysterical and cries and says she doesn't want to go to moms house. Her mother does not work and has two other children both from different fathers. I am worried about my daughter when she goes to her mothers house. All 3 children share a bed and I don't feel her standard of living is adequate when she is there. I have asked for sole custody and the mother refuses. How can I apply for sole custody? I am worried if I do though that her mother will take her away from me. Please advise. I want my daughter to live with me full time so I know she is safe and loved always. If you ask her to go to her mom's, she tells you she does not want to live with mom.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Afternoon

You need to go to your nearest Magistrates Court and ask for the Clerk of the Childrens Court or the people that deal with Maintenance and Custody. They will then assist you with the process of applying for sole custody. They will provide you with the necessary forms and will also probably direct you to the Family Advocate.

You may also decide to make use of a private attorney.

The process basically is that you will serve an application on her for sole custody which she can defend if she wants to or not. The Application will go to the Family Advocate as well who will decide whether he/she will endorse the application or oppose it. This would be on behalf of the Children, not on behalf of the mother. Given that she has been staying with you mostly, makes it unlikely that the Family Advocate will oppose your suggestion.

The Court may refer you for mediation to come to some sort of guided agreement. If that does not happen, the court will hear the application and will then make a decision on whether you are to be awarded sole custody, or whether there is going to be shared custody.

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