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Question
Posted by: Vick Govender | 2010/01/20

Custody

I would really appreciate help.

Some background. I have two kids, 19 &  16, both girls. My 19 year old was really pampered by her mother, and the 16 year old was somewhat ignored. This lead her to become rebellious. This is the only time that the mother would call me (when she could not cope anymore). I have been the more strict parent, both my girls listen to me.
My 16 year old is now living with me by her choice, and very much excited by that.
How do I go about getting the divorce order changed giving me primary custody of my 16 year old, and have the maintenance adjusted. The mother will now need to pay me the same monthly amount.

Regards

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Our expert says:
Expert ImageFamily law expert

In order to receive custody of your sixteen year old daughter, an application has to brought in the High Court in the applicable area of jurisdiction.

The reason that the High Court has to be approached is due to the fact the High Court is considered the guardian of all children is South Africa.

First, an Annexure "B" document should be completed, requesting the Family Advocate in the area where you live, together with a social worker, to start an investigation and to draft a report which indicates that it will be in the best interest of the minor child if the primary custody be awarded to yourself.

It this application is going to be opposed by your ex-wife, or the other party, then it may become a lengthy court process and court battle.

Bertus Preller
Family Law Attorney
bertus@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.

2
Our users say:
Posted by: G-Dad | 2010/01/25

All honesty Vick, she is 16 and she is currently living with you out of her own will, if you fight for custody now, I think that you will waste your money, unless the mother want to force her to move back, then let her bring the court application, if the mother is not trying to force her to move back, why bother.
It can take a very long time to fight for custody if the mother appose you, the stress and money you will spend is not worth it, if the mother is not trying to force the child to move back then continue as is.

Reply to G-Dad
Posted by: Family law expert | 2010/01/21

In order to receive custody of your sixteen year old daughter, an application has to brought in the High Court in the applicable area of jurisdiction.

The reason that the High Court has to be approached is due to the fact the High Court is considered the guardian of all children is South Africa.

First, an Annexure "B" document should be completed, requesting the Family Advocate in the area where you live, together with a social worker, to start an investigation and to draft a report which indicates that it will be in the best interest of the minor child if the primary custody be awarded to yourself.

It this application is going to be opposed by your ex-wife, or the other party, then it may become a lengthy court process and court battle.

Bertus Preller
Family Law Attorney
bertus@divorceattorney.co.za

Reply to Family law expert

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