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Question
Posted by: Terry | 2010/09/10

Irresponsible Dad

I live with my 6 year old nephew whom the mother passed away in 2005, the father is alive and works as a traffic cop but doesn''t visit the child nor contribute anything towards the child.

My mother is receiving foster care, so can she claim maintainance from the father and should he decide to take the kid, can we object??????

Appreciate yo help in advance.

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Our expert says:
Expert ImageFamily law expert

She must claim maintenance from him. Go to your local magistrate's court for this. In terms of the Children's Act, any person who has an interest in the child's wellbeing can approach the court to obtain parental rights and thus I will advise that this avenue be explored. The father for all practical purposes will be the Guardian now in the absence of the mother, but, with the facts at hand I doubt very much whether he will be able to succeed in custody having regard to the absent role that he had played up to now.

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

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2
Our users say:
Posted by: terry | 2010/09/20

Yo help is highly appreciated.

Reply to terry
Posted by: family law expert | 2010/09/12

She must claim maintenance from him. Go to your local magistrate's court for this. In terms of the Children's Act, any person who has an interest in the child's wellbeing can approach the court to obtain parental rights and thus I will advise that this avenue be explored. The father for all practical purposes will be the Guardian now in the absence of the mother, but, with the facts at hand I doubt very much whether he will be able to succeed in custody having regard to the absent role that he had played up to now.

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

Reply to family law expert

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