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Good day

Please advise on primary residence of a child born out of wedlock,.

2013 my ex girlfriend gave birth to a baby boy but the relationship fell apart, at the time of the pregnancy i added her onto my medical aid and paid for all medical bills till childs birth.

When the baby was 3 month old with her not being permanently employed and her mother not being able to take care of an infant we then decided to have the child raised by my mother.

in 2016 July her family come with the intentions of taking the child back to her mothers family, i indicated that if they couldnt take care of the baby why then want to take the child now at after 3 years.

The family indicated that the mother would want to take care of the child herself, i then suggested that it would be abruptely and would disturb the childs development to move to another province instantly, it should be a smooth process were the child visits but maintains his primary residence until such time that the child is 6years.

This should have happened in 2017 but only happens once, she complains about the child being too far and her not having time to do such and she would opt to have the child move in with her to ease the process.

My concern is that we both come from the same province and towns, the primary residence of the child is a stone though away from where she comes from, we are both from limpopo and currenlty based in johannesburg.

In July 2017 she got married and now in october tells me she wants to take the child and move in with her husband, my challenge is with every visit the child is trained that the husband is his daddy and i know for a fact that if it was possible my existense would be better off non-existent.

I have never denied the mother including the grandma access to the child, I have always insisted that the mother builds a relationship with her son as it is of utmost importance but to no avail.

Please advise if she has the rights to take the child from his primary residence.

Category:  Family Law, Custody and Guardianship

Region: South Africa, Gauteng