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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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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: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.

Good Morning

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

Customer: replied 2 years ago.
it is.
Expert:  WCLawyer replied 2 years 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.