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Question
Posted by: Echelle | 2006/11/01

To CS

There's one thing that I'm afraid of if I decide to go on without him. I'm afraid that he will go to court and take my baby away from me, and I will find it hard not to see my baby for a whole weekend if he gets weekends! But he won't get away with it, will he? Because my parents help me pay for the baby's medical aid and the medicines and for the doctors, etc. He gives me some money every month, but it's just not always enough and he refuses to give me more if I ask him to help me with a R100 more or so? Do you think he will be able to take my son away from me?

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Our expert says:
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I see two problems with your problem ! (a) though he might want to be spiteful, would he REALLY want to responsibility and sheer work of having the child with him for much time, especially at the weekends when presumably he'd prefer to party ? and (b) if he is seen as selfish, immature and irresponsible, no court is likely to consider it sensible to take custody away from a loving and competent mother, and give it to a young harum-scarum. Oh, and thirdly, can he afford to go to court big time ? The issue of maintenance, which he owes to the child, is enforceable by the court, but not connected to custody / access. A court is likely, if approached at the same time, to set a far amount which it would require him to pay regularly.

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3
Our users say:
Posted by: Echelle | 2006/11/01

Thanks, that is making me feel better :-)

Reply to Echelle
Posted by: kat | 2006/11/01

the fact that he is more interested in his friends says he isnt going to want some baby hanging around him all the time.

Reply to kat
Posted by: kat | 2006/11/01

ok he cant just take the baby away from you without proving you are an unfit mother. secondly if he isnt interested in helping with the expences then what makes you think that he will try take the baby away. he has no interest in the child. if you go on your own you need to go to maintance court and make sure he pays maintanance in accordance to the babys needs and divided according to salary proportion, gone are the days of 50/50 if the one salary is 70% more. when you go on your own make sure you have the proper support you will need incase he decides to try for custody you will need someone to lean on and even then he wont just get it. dont worry about that. why not go see a good lawyer and find out all the details from them. it might cozt a bit for a consult but at least you will know exactly where you stand and what your rights are.

Reply to kat

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