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I would like to ask what are my sister's rights in this

Dear Pearl, I would...

Dear Pearl, I would like to ask what are my sister's rights in this matter. My sister has a 6 year old son whom she got when she was dating a Cameroonian guy from University. Their relationship ended when the child when the child was a year old. My sister works in USA currently and my nephew lives with my parents since he was a baby. My sister sends money for school fees etc. The father of the child never paid the "damages" he also does not pay maintenance towards my nephew. He has not laid a case and my parents received summons for court appearance today. Could you kindly advice what my parents's and my sister's rights?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Hi I am in South Africa. I don't know if you're in SA or not.

Lawyer's Assistant: Has anything been filed or reported?

Well he has now filled a case today and my parents will be going to court later today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's pretty much it for now

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Answered in 1 hour by:
1/15/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

What is he asking for in the summons?

What "damages" must he pay?

Regards

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Customer reply replied 7 months ago
Hi Freddie, thank you for getting back to me.In our culture, i think it is also in customary law if i am not mistaken, when you are not married and have a child, men pay "damages".
He is asking to have full custody of the child, for the child to live with him instead of my parents.

OK then, in the end, the Court will have to decide what is in the best interest of the child. The fact that the father has not been part of the child's life for 5 odd years will make it very difficult for him to prove that it will be in the child's best interest to be removed from his current home and environment.

Having said that, the Courts are also in favour of children staying with their biological parents, and in this case, the father's rights would probably outweigh the grandparent's rights. Again - the question is more what is in the child's best interest, not so much what are the rights of the parent/grandparent.

Your sister seems to have moved overseas and left her child in the care of her parents - so, in a sense, her involvement with the child is basically the same as the father - with the exception that the father have not, to date, contributed financially.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you again Freddie. Our other worry as a family is that, this man is from Cameroon and we fear that he will take my nephew to Cameroon to his family. My sister is only in the States for a short period to work. He was also physically abusive to my sister when they were in a relationship. Do you think these with give a little more weight on my parent's favor?

Well, no person can remove a minor out of the country without the consent of both parents. So, you can rest assured he cannot take the child out of SA without the mother's consent.

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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