Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation?

Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship. [caption id="attachment_8203" align="alignleft" width="300"]The child in the middle The child in the middle. Child Custody disputes between parents, involving the child.[/caption] Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things that parents should know when it comes to a divorce or separation. This is especially important if there are young children involved. [caption id="attachment_8198" align="alignleft" width="300"]The child loses out. It is often the child who gets hurt the most in child custody disputes.[/caption]

Number 1: The Child’s best interests are of paramount importance.

In all matters concerning a child, his or her best interests are of paramount importance. Therefore, the law does not focus on what is best for the parents. However, the court would have to be reasonable and fair. All relevant facts must be looked at. A parent, therefore, cannot demand that he or she has custody over the child notwithstanding the fact, that the child would be prejudiced if that happens. For example, the child would have to leave his or her current school and enrol in a new school in the middle of the academic year. The same applies to child maintenance. It does not mean that because you are paying for all the child’s expenses that you can demand when and how you wish to spend time with the child. [caption id="attachment_8201" align="alignleft" width="300"]Seek professional help in child custody matters It is always best to speak to a professional lawyer or childcare expert in custody matters.[/caption] The sad reality is that when parents are embroiled in conflict, they are blinded from what is in the child’s best interests. They focus on what is seemingly best for them. Often, it is to win. Or get more than the other party. Therefore, the parent with the most money would employ the best of lawyers, just to show the other parent. Most times, the child loses out.

Number 2: Know your parental responsibilities and rights – Well

This one is mostly for fathers. Long gone are the days where it is assumed that only a mother can care for a child. Often the courts’ award custody or primary care to the father. The bottom line is; what is best for the child. Therefore, in a given scenario, if the mother is the one who worked from morning to dusk and the father was the one who took the child to school, collected her and attended to her homework, then in such a case, he may be awarded primary care or custody. If, however, the mother was the one who works but cared for the child since birth, she may be awarded custody.

Number 3: Don’t rush to the courts of law – This should be your last option

[caption id="attachment_8199" align="alignleft" width="300"]The Court should be the last resort The High Court and Children’s Court should be the last place you should find yourself in when dealing with child custody issues.[/caption] At the first sign of trouble, do not rush to the court. Here we refer to the Children’s Court or the High Court, concerning parental responsibilities and rights. First, try to mediate the issue. Both parents should try to meet with a social worker or family counsellor in trying to resolve issues. It is better for the parents to come up with a workable parenting plan than for the court to enforce one on them.

Number 4: Understand that there are now two households – The child cannot be divided into two.

When parents live together with a child, there is only one household. Therefore, parents will see the child every day. They would share in the child’s care, as well as his or her expenses. Spending the same time with the child after separation would be impossible. The child would have to live primarily in one home, and occasionally in the other. The focus must be in what is in the child’s best interest and not the parents. This is a reality the parents must accept and which the courts would impose. [caption id="attachment_8200" align="alignleft" width="300"]There is always hope if parents speak and communicate For the sake of the minor child, try hard to resolve child custody disputes when it comes to divorce or separation.[/caption] Therefore, when divorcing or separating, try to work out together a workable parenting plan. As both parents have different work schedules and commitments, it is possible to come to a workable agreement. The parents can rotate who takes and collects the child from school. They may want to do the same when it comes to extramural activities over the weekend as well. Regular telephonic and video (Skype, WhatsApp or FaceTime) contact are encouraged. This would ensure regular contact.

Number 5: Make use of a facilitator – A third party can assist the parties to see clearly for the sake of the child.

Parents don’t need to rush to court every time there is a dispute regarding the child. This practice can become very exhausting and expensive. They should appoint a facilitator to assist them in resolving the dispute. For example, should there be a wedding in the father’s family during the weekend of the mother, then if the parties cannot resolve the issue, they need to first see a professional third party [caption id="attachment_8202" align="alignleft" width="300"]The child is innocent Consider the child before considering yourself in child custody disputes.[/caption] The facilitator would usually be a social worker, psychologist or even a lawyer. However, the facilitator would have to be experienced in family law and related matters to be of much worth. Either way, having a third party assist the parents in resolving the issue is always useful. It would also help them save a lot of money by avoiding litigation. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. [caption id="attachment_8204" align="alignleft" width="300"]There is help out there. Speak to a child custody lawyer, or legal professional to assist you in resolving your parental legal matters.[/caption] Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws  
Posted on by Telelaw

Child custody, guardianship and visitation (parental responsibilities and rights) – What do I need to know should I be going through a divorce or separation?

Although it is not ideal, it often happens that parents divorce or break up. Their romantic or spousal relationship may have come to an end, but their co-parenting relationship continues if they have a child together. They need to be the best co-parents possible for their child. This should be the case despite their failed marriage or relationship.

The child in the middle
The child in the middle. Child Custody disputes between parents, involving the child.

Sadly, sometimes the civility the parents had for each other does not transcend beyond their divorce or separation. Some parents in this situation have unresolved issues. It then often happens that the child becomes a victim of the conflict that ensures. They often use the child as a pawn to settle unresolved differences. This situation is not in the child’s best interest. What follows are five things that parents should know when it comes to a divorce or separation. This is especially important if there are young children involved.

The child loses out.
It is often the child who gets hurt the most in child custody disputes.

Number 1: The Child’s best interests are of paramount importance.

In all matters concerning a child, his or her best interests are of paramount importance. Therefore, the law does not focus on what is best for the parents. However, the court would have to be reasonable and fair. All relevant facts must be looked at.

A parent, therefore, cannot demand that he or she has custody over the child notwithstanding the fact, that the child would be prejudiced if that happens. For example, the child would have to leave his or her current school and enrol in a new school in the middle of the academic year. The same applies to child maintenance. It does not mean that because you are paying for all the child’s expenses that you can demand when and how you wish to spend time with the child.

Seek professional help in child custody matters
It is always best to speak to a professional lawyer or childcare expert in custody matters.

The sad reality is that when parents are embroiled in conflict, they are blinded from what is in the child’s best interests. They focus on what is seemingly best for them. Often, it is to win. Or get more than the other party. Therefore, the parent with the most money would employ the best of lawyers, just to show the other parent. Most times, the child loses out.

Number 2: Know your parental responsibilities and rights – Well

This one is mostly for fathers. Long gone are the days where it is assumed that only a mother can care for a child. Often the courts’ award custody or primary care to the father. The bottom line is; what is best for the child. Therefore, in a given scenario, if the mother is the one who worked from morning to dusk and the father was the one who took the child to school, collected her and attended to her homework, then in such a case, he may be awarded primary care or custody. If, however, the mother was the one who works but cared for the child since birth, she may be awarded custody.

Number 3: Don’t rush to the courts of law – This should be your last option

The Court should be the last resort
The High Court and Children’s Court should be the last place you should find yourself in when dealing with child custody issues.

At the first sign of trouble, do not rush to the court. Here we refer to the Children’s Court or the High Court, concerning parental responsibilities and rights. First, try to mediate the issue. Both parents should try to meet with a social worker or family counsellor in trying to resolve issues. It is better for the parents to come up with a workable parenting plan than for the court to enforce one on them.

Number 4: Understand that there are now two households – The child cannot be divided into two.

When parents live together with a child, there is only one household. Therefore, parents will see the child every day. They would share in the child’s care, as well as his or her expenses. Spending the same time with the child after separation would be impossible. The child would have to live primarily in one home, and occasionally in the other. The focus must be in what is in the child’s best interest and not the parents. This is a reality the parents must accept and which the courts would impose.

There is always hope if parents speak and communicate
For the sake of the minor child, try hard to resolve child custody disputes when it comes to divorce or separation.

Therefore, when divorcing or separating, try to work out together a workable parenting plan. As both parents have different work schedules and commitments, it is possible to come to a workable agreement. The parents can rotate who takes and collects the child from school. They may want to do the same when it comes to extramural activities over the weekend as well. Regular telephonic and video (Skype, WhatsApp or FaceTime) contact are encouraged. This would ensure regular contact.

Number 5: Make use of a facilitator – A third party can assist the parties to see clearly for the sake of the child.

Parents don’t need to rush to court every time there is a dispute regarding the child. This practice can become very exhausting and expensive. They should appoint a facilitator to assist them in resolving the dispute. For example, should there be a wedding in the father’s family during the weekend of the mother, then if the parties cannot resolve the issue, they need to first see a professional third party

The child is innocent
Consider the child before considering yourself in child custody disputes.

The facilitator would usually be a social worker, psychologist or even a lawyer. However, the facilitator would have to be experienced in family law and related matters to be of much worth. Either way, having a third party assist the parents in resolving the issue is always useful. It would also help them save a lot of money by avoiding litigation.

We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well.

There is help out there.
Speak to a child custody lawyer, or legal professional to assist you in resolving your parental legal matters.

Should you require business advice or services, feel free to click on these links:

Business SA | Private Legal | Envirolaws

 

Related Post

Finding the best lawyer (advocate or attorney) for my court case – best practical tips and advise

When facing legal disputes, it is imperative to select a lawyer who not only possesses a strong track record in their area of expertise but also fosters a constructive working relationship with you. The effectiveness of legal representation is not solely dependent on the lawyer’s credentials; the chemistry and communication between you and your lawyer play a crucial role in navigating the complexities of your case.

Have a connection with your lawyer

The importance of this connection can fluctuate based on the specific nature of the dispute at hand. For example, if your concern involves a minor issue such as drafting a letter to a noisy neighbor, the dynamic between you and your lawyer might not be as essential. However, in more significant matters, such as a divorce case that involves children, assets, and potential custody arrangements, the need for an effective working relationship becomes substantially more critical. Here, the emotional and practical stakes are high, making it crucial to have a lawyer who understands your priorities and can advocate firmly on your behalf.

Not all lawyers are the same

It’s also essential to recognize that not all lawyers approach conflict resolution in the same manner. Some prefer to seek amicable solutions and may excel at settling disputes without entering the courtroom. This can be advantageous in matters where a rapid resolution is desired, and relationships need to be preserved, such as in family law cases. However, there are situations where litigation is unavoidable. In those instances, having a lawyer who is not only willing but also capable of confidently handling court proceedings is vital. You should feel assured that your lawyer is prepared to fight for your interests if necessary.

In conclusion in find the best lawyer for you

In summary, when searching for a lawyer (attorney or advocate) to represent you, take the time to assess not just their qualifications but also your ability to establish a rapport and communicate effectively. It is important to feel comfortable expressing your concerns and discussing your goals openly. If, at any point, you feel that the lawyer is not attuned to your needs or seems to have their own agenda that does not align with your objectives, it may be prudent to reconsider your choice and seek out a lawyer who you believe will better serve your interests. If you are interested in scheduling a consultation with our firm to discuss your legal needs and explore how we can assist you, please fill out the form below. We look forward to the opportunity to work with you and provide the support you need.

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How do I obtain contact, custody or visitation to my child? I need some advice and assistance.

advice-child-maintenance-child-custody-divorce Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child’s lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child’s best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier.

What are Parental Responsibilities and rights to a child?

Know your rights: The terms used to refer to the rights and responsibilities of parents to their children are referred to as “parental responsibilities and rights”. Parental responsibilities and rights are defined in the Children’s Act. Section 18 of the Children’s Act of 38 2005 (the Children’s Act) states the following: 18. (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right- (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and (d) to contribute to the maintenance of the child.

When do parents need to enter into a Parenting Plan?

Mediate the issue: Not going into too much detail, all parents of children should by default have certain parental responsibilities and rights to their children. It often happens that parents who are co-holders of parental responsibilities and rights are unable to agree on how their rights should be exercised. Should that happen, then according to section 33 and 34 of the Children’s Act, they should try to agree on a parenting plan. See an expert: Basically, they should see an expert like a social worker, or psychiatrist assist them in resolving the issues they have. As long as the person is suitably qualified, they may make use of their services. They may even approach the Office of the Family Advocate. Should all go well, a parenting plan would be drafted and entered into. This parenting plan may either be registered with the Office of the Family Advocate or made an Order of Court.

When should parents approach the Child Custody Court? High Court or Children’s Court

If parents cannot agree on a parenting plan, then a court may have to be approached. Usually, they would approach the High Court or the Children’s Court in their area of residence. In South Africa, one does not have to make use of legal representation. In other words, you may represent yourself in Court. Many times, you do not have a choice as you cannot afford legal representation. If you can afford legal representation, we advise you to make use of it.

What is the Children’s Court?

Each magisterial area has a children’s court dealing with Children’s matters. The Children’s Court would be best suited for parents who would prefer to conduct their own case. When you approach the children’s court, they provide you with forms to fill in. They would basically assist you with the process. They will issue a summons/notice to the other parent to appear at Court. Many attorneys also make use of the Children’s Court, as opposed to the High Court, when enforcing their client’s parental responsibilities and rights. Purchase a Consultation with us from our Online Shop, by clicking here.

What is the High Court?

advice-child-maintenance-child-custody-divorceEach province has a High Court. The Court procedure in the High Court is much more complicated than that of the Children’s Court. If you can afford an attorney,  and an advocate, they the High Court is another option. Specific documentation needs to be drafted. One is called a Notice of Motion, and the other, a founding Affidavit.

What are the serious parental issues the Court looks at?

There are various pertinent issues the court looks at when deciding how contact or visitation should be exercised. Each case is unique. In this article, we will list factors that may limit the exercising of your parental right of contact or care. They are:

Child Abuse

  • Child abuse has many facets. It is not only physical but psychological and emotional a swell.

Unfit parenting

  •  Not all parents are fit enough to care for a child primarily. This is especially so if there is a history of irresponsible parenting.

Living Conditions

  • The law in no way discriminates against parents based on their living conditions. However, it is a factor to consider in Child Custody Cases.

Psychiatric disorders

  • Psychiatric disorders in many cases play a role in deciding how care and contact should be exercised. If the condition is bad, a court would have to factor it in when making its decision.

How does the Court come to its decision?

advice-child-maintenance-child-custody-divorceThe Court (Children’s Court as well as the High Court) would listen to both parents and any expert appointment. Usually, the expert would provide a report. Many times, they are the office of the family advocate or a state-appointed social worker. After looking at, and hearing everything, the court would make a decision based on what is in the child’s best interest. This article has been updated. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws      
Posted on by Telelaw

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