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Question
Posted by: Thembi | 2010/01/19

Divorce and 7months baby

Hubby emotionally, verbally and physically abuse me. I left our home with our baby cause he was not listening to me, instead discussing everything with his mom. His mom was supporting everything that he was doing. I have a protection against him and even filed for divorce. In the protection order it states that he must callme and arrange to come and visit the baby. It' s been 4 months since we left and he has never done so. He deposits R300 p.m and he says it' s for maintenance. He was planning to take the baby to be raised by his mom without discussing with me. He discussed with his mom and she agreed, nobody wanted to know how I felt with this arrangement. He said to me if I leave I must leave the baby behind. I said that' s impossible and he hit me. What are my chances in court of keeping the baby with me as I' m the one who pays the nanny and maintain the baby( clothing and everything). The baby is also on my medical aid. He said he can' t have the baby in his medical aid. We also have a house in both our names and now he has moved back in with his mom without telling me about what is happening with the house. Help pls.

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Our expert says:
Expert ImageFamily law expert

Dear Thembi,
You will need to consult with an attorney on the various aspects that you raised.
From the facts you gave I am not convinced at all that your husband will ever be able to persuade a court to be awarded sole care (custody) of the child and be able to take your child away from you. Unfortunately children are in many cases used as pawns in the chess game parents sometimes play.

Bertus Preller
http://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.

1
Our users say:
Posted by: Family law expert | 2010/01/19

Dear Thembi,
You will need to consult with an attorney on the various aspects that you raised.
From the facts you gave I am not convinced at all that your husband will ever be able to persuade a court to be awarded sole care (custody) of the child and be able to take your child away from you. Unfortunately children are in many cases used as pawns in the chess game parents sometimes play.

Bertus Preller
http://www.divorceattorney.co.za

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