Custody of 14 year old so
My son has expressed that he wamts to live with me. Our parenting plan was that he comes to me every second weekend and every second holiday but he is by me every weekend and every school holiday and every opportunity he wants to be here …. his mom doesnt support him the way she should financially or in terms of giving him the attention he needs . As a result he has failed the last 2 school terms .. he is in grade 8 this year and his teacher has advised that if he doesnt improve he will fail. I have attempted on numerous occassions to take over the support of him but i have been turned away every time . Please help as my so is very unhappy and im afraid he does something silly
It is clear you are no longer happy with the parental plan in place. If the said plan is as a result of a court order, what you need do is approach the courts where the order was so granted (Maintenance or Divorce) and apply for a variation or substitution as the case may be. If on the other hand the parental plan was not granted by the court, i.e, it is an agreement mutually entered into between you and the mother of your son, you can approach the maintenance courts anew.
The law will always look at the ” best interest of the child “. The High Court is the upper guardian of all chiildren and will intervene, on application, to make an order which is in the best interest of the child. For a more comprehensive understanding of your situation and your recourse please click on this link: http://www.divorcelaws.co.za/children.html