Custody of a baby when parents are not married
Hi, I would like to know who will get custody of a baby if the parents are not married but the baby has been registered on the father’s surname and the mother wants to leave with the baby.
Category: Family Law, Custody and Guardianship
Region: South Africa, Gauteng
1 Answer
Good afternoon Tilana B., it is usually in the best interests of a child /baby to be in its biological mother’s custody and not being married the mother automatically will have custody regardless in whose name the child has been registered. This does not mean that the biological father has no rights as he does and he especially needs to support/maintain the child.
Amended by author 5th December 2017, 21:05
Evening Tilana, surely the father is working? The mother should request as a couple that they visit her family with the baby. If he refuses then the Mother should inform him she and the baby wish to visit her family and will go then and then. If the father refuses that she leaves freely with the baby then certainly police intervention is required as he will be holding them against their will which is kidnapping/abuse etc.