Posted by: Mother | 2010/09/30

Can I lose stepson?

My hubby took his son to come stay with us 5 years back after his mother passed away.Unfortunately my hubby passed away due to car accident and we have another son of our own.

Do you think my stepson''s maternal family can claim him back?I don''t want to lose him he is a good boy and his future is brighter with me in the city and together with my biological son are good brothers.We did not adopt him legaly but in my heart he is my son also.I don''t want to lose any of my boys as I love them so much.

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Our expert says:
Expert ImageFamily law expert

Sections 7 to 10 of the Children’s Act deal with what constitutes the “best interests” of children. The likely effect on the child of any change in the child's circumstances, including the likely effect on the child of any separation from a care-giver or person, with whom the child has been living, Therefore, the fact that he was living with you for a period of time will be taken into account should the maternal family request that the child live with them. Also, the attachment to his step brother will be taken into account. You did not mention the child's age, the court will also take his views at heart when a decision needs to be made.

Bertus Preller
Family Law Attorney
Abrahams and Gross

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