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Question
Posted by: WVW | 2010-08-05

Custedy

Good Day

I would like to know if it is possible for me as the leagal gaurdian to apply throug a court for full custedy

I have been devorced for 7 years of wich we have been seperatted for 10 years i moved out &  ask for a divorce after i have been abused for 3 years after a lot of fighting &  so on the child got to stay with me. for the past 7 years she never saw her dad because he was sepouse to see her under suppervision of a welfare worker of his choice but he must cary the cost. he did make an attemp once but he never pitched for the appointment so live went on i got married again my new husband took my child as his own love her care for her &  being a father to her then laast year she came to us to ask if we will change her surname to be the same as ours after long toughts i dicided to find the dad &  get his premission to change it He gave me a letter but Home affairs lost the letter &  after 5 months when we asked him again he said her surname will stay the same as his.
He does not see her he was never intrested before &  still arent but it is a game for him to still have controle over me trough the child He ows me R40 000.00 In maintanance is it possible for me to apply for full custody en what is the steps i need to take to be granted the full custody

Thank you very much as this is a chapter of my live that i want to put beind me &  go on with my live as it was before

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Our expert says:
Expert ImageFamily law expert

Any person having an interest in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant. When considering such an application the court must take into account the best interests of the child, the relationship between the applicant and the child, and any other relevant person and the child; and any other fact that should, in the opinion of the court, be taken into account. In the event of a person applying for guardianship of a child that already has a guardian; the applicant must submit reasons as to why the child's existing guardian is not suitable to have guardianship in respect of the child.

Only the High Court can grant sole guardianship to a parent and the Family Advocate will also be asked to recommend to the court what will be in the best interests of the child.

You will have to consult an Attorney to bring such an application.


For further information contact:
Bertus Preller
Family Law Attorney
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

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.

1
Our users say:
Posted by: family law expert | 2010-08-08

Any person having an interest in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant. When considering such an application the court must take into account the best interests of the child, the relationship between the applicant and the child, and any other relevant person and the child; and any other fact that should, in the opinion of the court, be taken into account. In the event of a person applying for guardianship of a child that already has a guardian; the applicant must submit reasons as to why the child's existing guardian is not suitable to have guardianship in respect of the child.

Only the High Court can grant sole guardianship to a parent and the Family Advocate will also be asked to recommend to the court what will be in the best interests of the child.

You will have to consult an Attorney to bring such an application.


For further information contact:
Bertus Preller
Family Law Attorney
KWJ Inc.
www.divorceattorney.co.za
info@divorceattorney.co.za

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