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Question

19 Jul 2011

Maintenace and Childcare
HI,

my sister and her boyfriend had a baby, he barely pays childcare but spends his money on lavish lounge suits and motorbikes etc and claims he never has money.

is there anyway my sister can get full custody of the kid and him supervised visitation? He has been emotionally abusive towards my sister and we dont want the child in that environment?
Answer 409 views
Expert
Family law expert
family law expert

01 Jan 0001

The fact that he does not pay maintenance does not mean that one may withhold him the right to have contact with the child. Only when it is not in the best interests of the child may one withhold those rights. When a child is still an infant contact is normally under supervision. We don't use the terminology of "custody" anymore, the new Children's Act had done away therewith and both parents now have joint parental rights and responsibilities. Your sister will be within her rights to demand that the contact is under supervision. I suggest that she consults a family law attorney to put a parenting plan in place.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
O: +27 (0) 21 422 1323
E: bertus@divorceattorney.co.za
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