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Question
Posted by: Anon | 2010-06-02

CHILD CUSTODY

Dear Bertus

Please advise if the court/FA can remove a child from the mother for the ffg reason: (original joint custody granted with mothers resident child primary resident)
1. The father has his own home.
2. The father is not contributing maintenance as he claims he is unemployed.
3. The father will support the child only if he is living with him.
4. The mother works, has a rental home, mothers earnings are not addequate to support household currently.

Thank you.

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Our expert says:
Expert ImageFamily law expert

Dear Anon,
It is difficult to answer the question on the limited information given. You may contact me via email on info@divorceattorney.co.za supplying more information.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

3
Our users say:
Posted by: family law expert | 2010-06-19

Dear Anon,
It is difficult to answer the question on the limited information given. You may contact me via email on info@divorceattorney.co.za supplying more information.

Reply to family law expert
Posted by: G-Dad | 2010-06-02

The courts generally will not change the custody status unless it is in the child''s best interest to do so, a lot of people are under the impression that when the child can decide for them self then the courts will change the custody status, it is not true, it all depends on the merit of the case and what would be in the best interest of the child.

A father that find excuses not to do his financial responsibilities generally would not be seen as a good father specially if the father make demands like he will pay maintenance only if the child live with him.

Unless he can proof you a bad mother I doubt that the courts will change the custody status.

Reply to G-Dad
Posted by: Anon | 2010-06-02

I should have added:

The child is 15 and wants to live with mum.

Reply to Anon

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