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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1591
Experience:  BCom; LLB; Masters in Law
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Is it possible for my husband, who is not the biological

Customer Question

Hi there
JA: Hello. What is your issue regarding?
Customer: is it possible for my husband, who is not the biological father of my son, to obtain custody with my consent and my sons consent , who is 11 ?
JA: What state are you in? It matters because laws vary by location.
Customer: I am in South Africa , Jhb
JA: Has anything been filed or reported?
Customer: No only searching the Internet for knowledge. The biological father has not paid maintenance is more than 3 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: apart from a total of 5 months, we have never lived with the biological father
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

First, your son can't give his consent to what you're suggesting. The high court will not accept it. As far as the court is concerned, your son is a minor and doesn't have the ability to decide anything for himself. He needs you to decide things for him.

Second, why doesn't your husband simply adopt your son? In that way your husband will become the "adoptive parent" of your child, and all of the "custody" things that you're talking about happens automatically.

Finally, we don't talk about "custody" anymore, we rather speak about "primary care giver". That is the new term and it is slightly different to "custody".

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 - dont 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,