My son and daughter in law is getting di...

Asked by Charmi7 on 03-03-2021 13:10:39
Question posted in the Divorce Law category relating to Gauteng

My son and daughter in law is getting divorced and has a child of 5 years old. They are trying to do it amicably but her friend is a lawyer and said there can only be sole custody and not joint custody. My son does everything in the house, cooks, cleans, laundry, drops and picks up little one from school. He is a very involved father and does not want her to go and live in Nelspruit which is 4 hours drive away, on a secluded farm and on the other hand, she does not want him to leave the country with her.  Thry would like a week interval when the little one takes turn to stay with them. She comitted adultery 4 times now and he decided enough was enough.  He is also worried about her future boyfriends and the wellbeing of their daughter. Can he get joint custody ? 

Further information relating to Question:

He works fulltime and she wants maintenance, she also works.

Answer to the Question

Posted by Att. Patrick on 03-03-2021 13:38:34

Hi there and thank you for your question, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow-up questions in order to clarify your question. If you have a new question, you must please open a new thread. 

Well, first off I have to say that this lawyer who you speak of does not know what he/she is talking about! 

It used to be, many years ago, that there was custody. 

Now, there is no such thing as who has custody.

Rather, both parents are caregivers to the child and then there is a primary caregiver. 

The courts won't remove one person as a caregiver. The court will just decide who needs to be the primary caregiver to the child. In other words, who is the child going to live with, normally. 

The parties can agree on any suitable arrangement which works for them, including some of the time living here and some time living there. 

However if one party wants to move away from where the family currently lives to a farm 4 hours away, then a court won't order the child to move there. The court wants stability for the child, and not for the child to be dragged around the country. 

Also, if one party wants to take the child overseas, then the other party will need to consent or the court will need to decide. 

Ultimately, the court looks at "what is in the child's best interest?" 

That is the test which is applied. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted to be answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Answer Accepted

This answer was accepted on 04-03-2021 17:30:13

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.