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Question
Posted by: JC | 2011/01/18

RIGHTS

My boyfriend and I have a problem.

He has a child from a previous marriage, where the court granted the mother custody, as my boyfriend did not want to take the daughter away from her mom, the agreement was every second weekend and holiday his daughter would come to us. This was running ok....up until the ex wife got involved with someone, and became very unstable. His daughter has now been staying by us for the past 3 years. My boyfriend still pays R800.00 maintenance/month, as this is half of school and aftercare fees. We in return get not one cent. We would like to know what the procedure is to get the court to put her on our custody and if she wants to see her mom she can visit, as well as a bit of financial support, due to the fact that she has started high school. They were divorced in the High Court.

Hope you can help us, as we dont want the run around, as we get unpaid leave from both of our works.

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Our expert says:
Expert ImageFamily law expert

You have to apply to court to vary the existing order and apply that your bf be awarded primary residence. Best is to see an attorney.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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2
Our users say:
Posted by: family law expert | 2011/01/22

You have to apply to court to vary the existing order and apply that your bf be awarded primary residence. Best is to see an attorney.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

Reply to family law expert
Posted by: GT | 2011/01/20

HI
You have to go to the child court or High court to have the access arrangements changed. The maintenance done in the maintenance court.
As you have had the child for 3 years already you need to have it changed as soon as possible because when she is stable again she will claim the child back and you are unable to do anything as her access is stated in the divorce papers.
What you can do also is if you can get the ex wife to sign a letter giving up most of her access to her ex husband and signed by the police

Reply to GT

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