Posted by: 1st Time Mommy | 2004/02/10

Anyone jacked up on legal family law: URGENT!!!

Hi Guys

I'm looking to speak to someone who is jacked up on legal family law. If there is a web site I can visit and ask questions, something like this forum that can help me.
If there is someone who is a lawyer that visits this site that can help me please.
Anyone who has any information for me it will be greatly appreciated.

I can't go to the family court as I work long hours and need the money to support my son, and my company won't give me off to get the help I need and require.

I would like to know what my rights are and the rights of the father.
The father is a drinker and a heavy drug user that's where his salary goes to.
Pls help.

Thanks In advance
1st Time Mommy

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Our expert says:
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Dear FTM,
Do what you can by phone, maybe a University Law Clinic, or via the law society which I think can arrange an initial free consultation. Can't even someone at the Family Court respond at least initially by phone ?
And meToo, while you may not be able to post a clickable web address, you can include as plain text a website's url, so far as I know.
Courts asked to decide on such matters have to base their decision on the best interests of the child, which can surely never include awarding custody to a drug addict father who took no interest in the child (and an addict is unlikely to be keen on getting custody, as he wants to keep his cash for the drugs ). Some magistrates are far from the brightest bulb in the chandelier, but surely none would be daft enough to award custody to someone such as you describe. And you can draw up a will expressing at least your wish for your parents to take over custody, and your reasons for wanting that ; and your parents can be primed and ready to oppose custody should the father seek to claim it.

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Our users say:
Posted by: Nicki | 2004/02/11

U need to apply for sole custody of the child and then assign guardianship to ur family.
The tricky bit is as follows:
If u pass away, and the father of ur child has sorted out his addiction and has become a good samaratian, he might contest the guardianship .. .but thats a legal issue that i dont know too much abt
When in court, u will also have to prove that the father of ur childer is an addict. U also have the right to apply for maintenance for the child. I mean if he is going to squandor it on drugs, u might as well take a little for ur child
Take care
Good Luck

Reply to Nicki
Posted by: 1st Time Mommy | 2004/02/10

Hi Spooky

We're not married in fact I moved out a 1 1/2 before I had the baby. His not interested in the baby. I just need to put my mind at ease.
Rehab is out of the question for him as he believes he doesn't have a problem but only when it suits him he'll cry at time saying he has a problem and when you want to help him he says he doesn't need help his not doing anything wrong his not hurting anyone and he didn't kill anyone. He will spend all his money on drugs and have nothing left after the first week of pay.
I stress from month to month not knowing if his going to give me the amount of money he feels is more than enough to look after the baby.

Look I'm fine with the fact that he wants nothing to do with the baby I feel the baby is much better off without him. I just don't want him to one day wake up and realise he has a son and then decides he wants to play daddy now.
The reason I'm asking for this help is that my mother is terribly affraid somthing might happen to me like a car accident and he gets the baby how do I stop that from happening. My folks don't know about the drugs, Life is hard enough for me without them knowing that.
I just need to know that my folks will get my son if something happens to me.

1st Time Mommy

Reply to 1st Time Mommy
Posted by: sherry | 2004/02/10

good luck

Reply to sherry
Posted by: Spooky | 2004/02/10

There is absolutely NO WAY that a judgement will be granted in favour of an irresponsible, alcoholic and drug addict husband - even if the magistrate was a junkie himself !
More importantly, is your husband fully aware of your feelings and possible intensions ? Is rehab completely out of the question ? Have you written him off for good ? I agree that his behaviour is despicable and completely unacceptable. I agree - something MUST change.
Rehab without relapse, or divorce !
The child WILL remain yours and he WILL be forced to support you.
Good Luck.

Reply to Spooky
Posted by: J | 2004/02/10

You can get some form of legal advice on the w w w . women24 . c o m site - go to "experts" and you will see where to post a question.

Reply to J
Posted by: 1st Time Mommy | 2004/02/10

Hi Me Too

Well like I said the father is a drinker and is heavily in to drugs.
His not interested in my son and I just want to know that he can't take my son away and that if something should happen to me my parent swill raise him.

You can give me the name only leave the www part out just let me know if it's com or co za.

What is it that you need to know?

Reply to 1st Time Mommy
Posted by: Me too | 2004/02/10

Phone the Law Society or try searching the net, we can't submit links otherwise I would.

What exactly are you looking for?

Reply to Me too

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