geting full child custody

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geraldhum
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geting full child custody

Post by geraldhum »

Hi guys
Does have a clue on weather a father could get full custody of there child. The father is in jhb and the mother has just moved to dbn with the 7 month old. The father and mother both stay with there parents but the mother is not working and still studding. They are married and in the process of geting a divorse.
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Stuart
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Re: geting full child custody

Post by Stuart »

As far as I've seen, courts are generally far more sympathetic to mothers in custody battles. I would think the father would be in a far better position if he had a stable job and his own place. It's certainly POSSIBLE for a father to get full custody, but I reckon it'll be a nasty battle if the mother wants the child.

Given that no one here (afaik) is in the legal field, you'll probably not get much better than guesswork and vague previous experience.
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Re: geting full child custody

Post by hamin_aus »

Courts side with the mother unless it can be proven she is unfit.
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Sojourn
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Re: geting full child custody

Post by Sojourn »

jamin_za wrote:Courts side with the mother unless it can be proven she is unfit.
^^ What he said.
The mom need to be a homeless druggie before custody are given over.
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Re: geting full child custody

Post by doo_much »

Our family law (yes, back in the day I actually passed the subject at Tukkies) is derived from Roman-Dutch common law - and because of this the norm was to grant the mother custody except in extreme cases.
Not any more.
The Children's Act of 2005 wrote:When considering an application contemplated in subsection (l), the court must take into account-
(a) the best interests of the child;
(b) the relationship between the applicant and the child, and any other relevant person and the child;
(c) the degree of commitment that the applicant has shown towards the child;
(d) the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
(e) any other fact that should, in the opinion of the court, be taken into account
Any decision that is taken by the court will be taken with the best interest of the child in mind. The parents' likes, wants and needs are not even a secondary consideration. Don't be fooled by (d). Even being (better than the other parent) financially able to take care of the child doesn't mean a parent will get custody - that's what support payments are for.

First off - I'm assuming that by "full child custody" you mean sole custody? That just doesn't happen except if one of the parents is a certified loony and nose picker. The best interest of the child remember?

Secondly. See if the parents can mediate the issue, else it gets really expensive, really fast. It may even happen that the court makes a temporary care ruling and tells them to shove off and mediate the issue.
If they can't come to an agreement - Tell the father to get a decent lawyer. Custody and the terms thereof is a tricky thing. Since the mother has already moved (back to her parents?) to Dbn this is even more complicated.

Finally. Don't ask and/or accept advice on serious matters like these from legal wannabees (me included).
Get proper, professional advice.
MOOD - Thirsty

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Re: geting full child custody

Post by Tribble »

No idea - sorry. Listen to Doo - he seems to know his stuff
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Re: geting full child custody

Post by Monty »

Doo summed it up perfectly when he said get proper legal advice - we an point you in a direction, but that is it.
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