ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney

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ANC Ante-Nuptial Contact Cape Town South Africa Online Advocate Attorney

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Frequently Asked Questions on Child Custody – South Africa

[caption id="attachment_7079" align="alignleft" width="259"]Advocate Muhammad Abduroaf - Advocate High Court Cape Town Advocate Muhammad Abduroaf – Advocate High Court of South Africa[/caption] We proud ourselves on our knowledge of family law, and related matters in relation to South African Law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through this question and answers sections below. Should you not find the answer to a child custody question you are looking for, feel free to post your child custody question at the bottom of this post.

What does it mean when you have primary residential custody?

It means that the child primarily resides with you. For example, the child will only visit the other parent every second weekend.

What is a joint residence order?

The child resides with both parents. Usually on an equal basis.

What is joint custody of a child?

This is the situation where both parents care for the child.

How can you get custody of your child?

If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do I file for joint custody?

If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for visitation rights?

If you want visitation rights over your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for full custody of your child in Cape Town, South Africa?

If you want custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do I file for joint custody in Cape Town, South Africa?

If you want joint custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

How do you file for sole custody of a child?

If you want sole custody of your child, you would have to approach a court for that. You can either approach the Children’s Court of the High Court. The court would then decide if it is in the child’s best interests.

What does the term sole legal custody of a child mean?

If you have sole legal custody, it means that you alone make day to day decisions regarding your child’s life.

Can you get sole custody and child support?

Yes, you can.

Can a father get full custody of his child?

Yes, he can. All that he must prove is that it would be in the child’s best interests.

How is child support affected by joint custody?

If one parent earns more than the other, then he or she may have to pay child support to the other parent. This is so even if they have joint custody.

What is shared custody?

This is when both parents care for the child and have a say in the child’s life.

Who will have to pay child support?

Both parents have to pay child support.

What is considered joint custody?

When both parents care for the child jointly.

What is joint custody with primary residence?

Where the child primarily resides would be her primary residence. Joint custody would mean both parents care for the child and have a say in her life.

Can both parents have primary custody?

It is possible in theory, but not practical.

What does it mean to be the primary custodial parent?

It means that you decide the day to day affairs of your child’s life. For example, the school he goes to, and the extramural activities he does.

Who would be the custodial parent?

Both or either parent can be the custodial parent.

What is the difference between full and sole custody?

Full custody would mean you have just as much custody rights as the other parent. Sole custody would mean you the only parent who has custody rights.

What does sole custody mean in Cape Town, South Africa?

Sole custody would mean you the only parent who has custody rights.

Is primary custody the same as full custody?

No, not necessary. Primary would mean the child primarily lives by one parent. The other parent may still see the child on weekends, school holidays etc. Full custody could mean the same as sole custody.

What does it mean to have joint physical custody?

This would mean that the child is in the care of both parents. Basically on an equal basis.

What is joint sole custody?

Joint custody is when both parents take care of the child.

Do I have to pay child support if I have 50 50 custody?

If a parent earns more than the other parent, he or she may have to pay more towards the child’s expense. A good example would be school fees.

What does it mean to have 50 50 custody?

This means that the child resides with both parents most of the time. Both parents also have a joint say in the child’s life.

What is the definition of joint legal custody?

Joint custody is when both parents have equal say in the child’s life.

What is primary custody of a child?

Primary custody is where one parent cares for the child primarily.

What does primary caregiver mean?

A primary caregiver is a parent who primarily takes care of the child.

What is split custody of a child?

This is the case where the child spends an equal amount of time with either parent.

What is the definition of a caregiver?

A caregiver is a parent or person who cares for the child.

What is caregiving of a child?

Caregiving is caring for a child. This includes the provision of food, clothing and shelter.

What are the responsibilities of a caregiver?

To care for the child. This includes the provision of food, clothing, education and shelter.

What is the job description of a caregiver?

To care for the child. This includes the provision of food, clothing and shelter.

What are the skills of a caregiver?

There are no specific skills. However, he or she must be able to care for the child. The child’s best interests should always be upheld.

What are the qualities of a good caregiver?

Who ensures the child’s best interests are met.

What does it mean to be a custodian?

It means that you take care of the day to day needs of the child.

What are my rights as a father?

To be part of your child’s life.

How can a father get custody of his child?

You would need to apply to a court.

Who has custody of a child when the parents are not married?

Primarily the mother. However, the father acquires such rights if he forms part of the child’s life.

What rights does a father have to a child born out of wedlock?

If he forms part of the child’s life and pays support, then he acquires parental responsibilities and rights.

What are your rights as a father?

To form part of his child’s life. 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

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Relocation with my minor child to United States of America, Las Vegas (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Las Vegas, United States of America

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages nine or ten) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Nelspruit or Mahikeng, South Africa, and you want to relocate to Las Vegas, United States, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Las Vegas, United States?

The same applies when it comes to your minor child applying for a South African passport to relocate to United States, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Las Vegas, United States with my minor child? There is another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Las Vegas, United States.

What can I do if the other parent does not want to consent to the minor child’s relocation to Las Vegas, United States of America?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Las Vegas, United States, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Las Vegas, United States. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Las Vegas, United States of America, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Las Vegas, United States of America?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Las Vegas, United States of America – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Las Vegas, United States of America, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Las Vegas, United States of America

If you require legal assistance or representation with relocating to Las Vegas, United States due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

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