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Question
Posted by: Mum | 2010/12/10

Concerned

when my daughter fell pregnant her then boyfriend dumped her and denied the child from conception. He bad mouthed her and even left posts on Facebook etc. She lost her job due to emotional stress etc. He was not supportive throughout the pregnancy and birth and we heard nothing from him. He rocked up in September (baby was 8 months) all sorry and apologetic and asked for forgiveness which after a long dicussion he was granted. He asked for visitation rights and we explained to him that as the grandparents we have supported both our daughter and grandson through this he would have to work through us. He agreed. Now the bubble is bursting. He is demanding that she take the child to see his family and is threatening to take her to court etc. He is also saying things like paternity testing and it the child is not his then he will sue the pants off her. He does not pay maintenance but buys a few juices and purities etc. He has bought clothes once and very expensive item of shoes etc. there is not money received from him bearing in mind that she helped him to buy a car and is now blacklisted at the bank due to non payment due to unemployment. I buy all his nappies, toiletries and he is on my medical aid since birth. What are my daughters rights in all of this. Can he just come along and make demands. She is besides herself. Please advise and thank you.

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Our expert says:
Expert ImageFamily law expert

I think your daughter should demand that a paternity test be undertaken to make sure that he is indeed the father of the child, unless off course if she is certain that he is. In terms of the new children's act an unmarried father have automatic parental right, if he at the time of conception lived with the mother or in the event that he pays maintenance or assist therein. It is important that you see and attorney.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc
info@divorceattorney.co.za

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Our users say:
Posted by: family law expert | 2010/12/16

I think your daughter should demand that a paternity test be undertaken to make sure that he is indeed the father of the child, unless off course if she is certain that he is. In terms of the new children's act an unmarried father have automatic parental right, if he at the time of conception lived with the mother or in the event that he pays maintenance or assist therein. It is important that you see and attorney.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc
info@divorceattorney.co.za

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