advertisement
Question
Posted by: Fred | 2011-11-29

Step Child

Hi. I married my wife, and she had two children from a previous marriage. The eldest is 24 and living on her own. The youngest was living with us at the time of her death. I approached his father and requested that he should continue to live with me as I did not think it was a good idea to change his life so much after his mothers passing. This was agreed and he continues to live with me and still sees his father on weekends and parts of school holidays, or when ever my son chooses to within reason. This arrangement works well for both of us. My concern is what could happen should he real father die? What would happen to the child? I have asked that the father to amend his will and make me the guardian. But I don’ t know whether he has done this. I have asked many times but yet I have doubts that this has been done. Thanks

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageFamily law expert

In terms of the Children's Act you are able to obtain on application parental rights to the child, notwithstanding the fact that it is not your child. I am sure that in your instance you will succeed with such an application.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za W: 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.

3
Our users say:
Posted by: G-Dad | 2011-11-29

Normally in a case where both biological parents passed on, the children in most cases end up with a bio family member, but the child has the right to choose, the courts would seriously consider his wish first, unless another family member demand that the child be placed in their care, I doubt that the child will be moved out of your care, but it always better to have to courts make you the legal guardian, it can prevent all kind of problems later on, specially for medical, educational or even if the child want to go on a school overseas trip, you will have to legally adopt the child in the event of his bio father''s passing.

Reply to G-Dad
Posted by: Fred | 2011-11-29

My son turned 11 this year. I dont want to take complete control right now. My fear is if his biological father should die while the child is still a minor. His has a great relationship with his bio father and I dont want to mess that up. I have spoken to his father a few times about this and expressed my fears to him. In the event of his bio father death while the child is a minor, would I be considered his guardian if there is nothing in writing?

Reply to Fred
Posted by: G-Dad | 2011-11-29

In your case you could ask the high court to make you the legal guardian of the child or adopt the child, it depends if the biological father are willing to give his consent, you never stated how old the child is.

I would speak to the father and ask him if he is willing to make you the legal guardian now, meaning that in the event of his death there will be no problems.

Reply to G-Dad

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement