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Question
Posted by: De Jesus P antonio | 2010/02/24

Custody of my children

I am in the process of divorcing and I want custody of my childredn. my problem is that I work outside the country and I only come home every three months. the biggest reason i want the custody of the two children is that the organistion (united Nations) I work for pays for education grant and one of the rules of the education grant is that children have to reside with me or in my house in order for them to pay the education grant. with the educatin grant i can give the children the best education i can put them in one of the best schools with good education. by my wife also wants custody of the children saying i work . what can i do.

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Our expert says:
Expert ImageFamily law expert

As the upper guardian of minors, the High court is empowered and under a duty to consider and evaluate all relevant facts placed before it with a view to deciding the issue which is of paramount importance: the best interests of the child. When a court sits as upper guardian in a custody matter it has extremely wide powers in establishing what is in the best interests of minor or dependent children.

The custodian parent generally has the right to have the child with him or her, to regulate its life and to decide all questions of education, training and religious upbringing.

Your only option would be to approach the court to vary the existing order.

Bertus Preller
www.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.

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Our users say:
Posted by: Family law expert | 2010/02/27

As the upper guardian of minors, the High court is empowered and under a duty to consider and evaluate all relevant facts placed before it with a view to deciding the issue which is of paramount importance: the best interests of the child. When a court sits as upper guardian in a custody matter it has extremely wide powers in establishing what is in the best interests of minor or dependent children.

The custodian parent generally has the right to have the child with him or her, to regulate its life and to decide all questions of education, training and religious upbringing.

Your only option would be to approach the court to vary the existing order.

Bertus Preller
www.divorceattorney.co.za

Reply to Family law expert
Posted by: G-Dad | 2010/02/25

Don''t you think it will be a bit unstable for the kids with your work environment, will the kids live with you and travel in and out of the country, what can the mother offer them a stable environment and stable education system. The courts will view what is in the best interest of the kids, if the kids live with you but you are out of the country away from the kids I doubt that you will stand a chance to get custody.

Reply to G-Dad

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