Posted by: Hannah | 2019/06/18

Unmarried parents, 2 separate nationalities

Hello Mr Preller, I am a South African with a partner trying to get residency in SA. He is not currently based in SA but visits regularly. We have a child together and are unmarried at this time. My daughter has her dad's surname and he is registered as a parent on the birth certificate. I would like to know... in the event of death as myself being the primary parent (both my child and I are SA residents, the father is not), what would the process be for my child? Would I be able to appoint a guardian and state it in the last will, to care for my daughter while he waits for his residency or will the dad automatically be given custody despite being based in another country? And, if so, will the child have to move countries?

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Our expert says:
Expert ImageLabour lawyer
- 2019/06/20

re: Unmarried parents, 2 separate nationalities

This is not within my area of expertise.

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