Page 84 - The Circle of Life
P. 84

Fifthly,  you  may  now  call  your  new  in  law  parent's  mom  and  dad  but  that  is

               tradition and not law. Whatever works for you! Some are known to be called in
               much  less  affectionate  terms  and  yes,  if  your  mother  in  law  destroys  your
               marriage  you  can  sue  her  theoretically  under  delict  as  with  any  other  person

               who does so. It seldom happens for obvious reasons.


               Sixthly,  you  as  parent  become  a  legal  guardian  for  the  child  born  from  your
               marriage.  Note  this  is  not  the  same  for  prior  marriage  children  but  we  speak

               about that in the next paragraph below.


               The rights of a stepdad or stepmother in marriage

               I  cannot  tell  you  how  many  times  my  clients  got  into  trouble  because  of  this.

               Many are older than me and in their second or third marriages. As is usual there
               are  almost  always  stepchildren  involved  and  the  question  is what rights do the

               step parent has?


               The  short  answer  is  almost  nothing  but  you  also  have  no  duties  or  obligations
               either. The child is in effect nothing of you and I know it sounds cruel but that is

               the way it is. You are not allowed to spank him  or any other child including your
               own  in  this  country  and  many  other  jurisdictions. If you do you will be treated

               like  a  criminal  and  your  religious  beliefs  will  not  save  you.  The  law  always
               overrides religious beliefs which are a good thing as long as it is decent and fair.


               Where spanking of children is allowed you are not the parent and not allowed to

               do  so  unless  the  parent  gives  you  permission.  That  does  not  mean  going
               overboard and causing lasting injury. It is not allowed in this country by the way
               but no problem in the rest of Africa.


               Nor  does it give you the right to strip search a child or anything which may be

               seen as an unreasonable invasion of privacy or indecent behaviour. If you have
               time I recommend you to read my briefing on drug abuse called The Drug Addict

               Pattern  which  discusses  this  aspect  in  greater  detail.  You  do  have  rights  as  a
               parent to search the child's room and body if needs be for drugs or evidence of

               drug use but understandably  within the rules of decency as we discussed  there.






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