How To Get Sole Custody In Namibia
What is Sole Custody?
Sole custody is a child custody arrangement whereby only one parent has custody of a child. In the most common use of the term, sole custody refers to a context in which one parent has sole physical custody of a child.
How To Get Sole Custody In Namibia
Procedure for obtaining custody
(1)The following persons may seek an order pertaining to custody of a child born outside marriage, provided that such a proceeding are brought by or on behalf of the person who is seeking custody of the child:
(a)the father, regardless of whether he is a major or a minor;
(b)the mother, regardless of whether she is a major or a minor;
(c)someone, other than the mother or father of the child, who is acting as the primary caretaker of the child; or
(d)a person authorised in writing by the Minister to act on behalf of the child.
(2) A person who seeks a court order in terms of subsection (1) must make an application in the prescribed form and manner and the children’s court must consider the application in the presence of the applicant or his or her authorised legal representative.
(3) An order for custody in terms of this section may only be made after the prescribed attempts have been made to notify the child’s parents, the child’s primary caretaker and any other person or persons with custody or guardianship of the child immediately prior to the application, and that person has or those persons have been given an opportunity to be heard.
(4) In the course of an application for custody, the children’s court may institute any investigation that it deems necessary and order any person to appear before it, and may order one or more of the parents to pay the costs of such investigation or appearance.
(5)Any order made in terms of this section may be varied or withdrawn by the children’s court on application by any of the parties listed in subsection (1) and subsections (2), (3) and (4) apply to any application for variation or withdrawal.
Frequently Asked Questions
Is sole custody the same as full custody?
Sole parental responsibility means to be completely responsible for the long-term decisions of the children. You can have sole parental responsibility and still share custody, sole parental responsibility and sole custody are not the same thing.
What is the difference between primary and sole custody?
In a primary physical custody case, both parents may have rights to make decisions in regards to the children’s welfare, such as decisions relating to religion, medical care and education. Sole Custody: The custodial parent will have the right and the sole responsibility to make all the decisions for the children.
How can a mother lose custody?
Top 4 Reasons That Could Cause a Mother to Lose Child Custody
- Physical abuse of the child. If this type of abuse is reported to law enforcement or child protective services who then act, custody could be revoked.
- Physical abuse of the partner.
- Neglect.
- Violation of a court order.
What is the most common child custody arrangement?
The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.
Do I have the right to know who my child is around?
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. Parents should tell each other their current addresses and home and work phone numbers.
Why a mother needs sole custody in Namibia?
If a parent has sole legal custody, they can make all major decisions regarding the child without consulting the other parent; this includes decisions about medical care, education, religious upbringing and moral development. The other parent can still make small, day-to-day choices when caring for the child.
How a father can lose a custody battle?
Abusing your child in any way is the number one reason fathers lose custody of their child. Physical abuse could result in scars, wounds, burns, bruises, broken bones, head injuries, and wounds. In any circumstances, a court will generally not hesitate to take away custody if a child is suffering from physical abuse.
What is considered an unsafe environment for a child?
An unsafe environment that poses threats for your children and are instances where a court will step-in include: Physical abuse to intentionally harm the child’s body or mind. Neglecting the child by failing to give them what he/she needs. Failure to supply enough food or appropriate medical care.
Can a dad refuse to give child back in Namibia?
If you are still legally married to the father, but he refuses to return your son to you, you should file an emergency motion with your local family court to determine visitation and custody. By submitting an emergency motion, a court will typically hear your case in a few days as opposed to a month or more.
Can a mother lose custody for having a boyfriend?
Ultimately, it’s not likely that you’ll lose custody because of a new partner, unless the circumstances are extreme. Don’t let a contentious divorce frighten you out of dating, but do be aware that certain circumstances that could bring your custody into question.
Can having a girlfriend affect custody in Namibia?
Yes, having your girlfriend spend the night on weekends could make a difference in your custody case. Although there may not be a law against it, exposing your children to your significant other during a custody battle is typically very difficult on children.
Can the father of my child take my child in Namibia?
If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.
Can I take my child and leave my boyfriend in Namibia?
If there is no court case pending then you are free to remove the child from the State of California. Once a court case is filed, then you have to get court permission to leave the State with the baby, so it is generally advised to leave now before a court case is filed.
Can I let my child live with someone else in Namibia?
The short answer is yes, unless your order specifically excludes it. Most orders indicate that a parent has the right to designate the residence of the child. With that said you may have some recourse in the matter.
Do family courts Favour mothers in Namibia?
The law itself does not provide for any bias in favour of the mother but this sadly does not mean that bias does not occur. Children are, of course, likely to be the primary focus for separating couples and it is often the hardest part of family law, more so I have found when I became a mother myself.