Child Custody Law in South Africa

What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. [caption id="attachment_4504" align="alignleft" width="300"] Call law offices: 0211110090
Email us at: [email protected][/caption] When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth.

Sole Guardianship

Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should the mother be the less responsible parent, sole custody may be awarded to the father by the court. Depending upon the nature and circumstance of the legal matter, the court may find joint custody in the child’s best interest. [caption id="attachment_4506" align="alignleft" width="300"] Call law offices: 0211110090
Email: [email protected][/caption]

Custody of divorced parents

There is so much at play when it comes to deciding to the custodian parent of the child with divorced parents. It is best advised that a parenting plan is professionally drafted and legally executed. A parenting plan outlines the rights of both parents with regards to the child; covers visitation rights and helps both parents reach a mutual ground. [caption id="attachment_4507" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption]

Divorced father’s rights

Fathers do have rights to their child after divorce. Depending on the relationship between the two parents, they may reach a mutual agreement. If you’re a father who regular pays child maintenance but is still denied access to your child, you may want to take this up with a family law legal expert. [caption id="attachment_4494" align="alignleft" width="300"] Call our law offices on: 0211110090
Email: [email protected][/caption]

Child custody cases

Our Lawyer Pty Ltd have dealt with a number of child custody, divorce and child maintenance legal matters. Below are a few of our child custody articles you may find helpful: [caption id="attachment_4508" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!  
Posted on by Telelaw

Child Custody Law in South Africa

What exactly is child custody?

Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents.

Call law offices: 0211110090
Email us at: [email protected]

When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth.

Sole Guardianship

Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should the mother be the less responsible parent, sole custody may be awarded to the father by the court. Depending upon the nature and circumstance of the legal matter, the court may find joint custody in the child’s best interest.

Call law offices: 0211110090
Email: [email protected]

Custody of divorced parents

There is so much at play when it comes to deciding to the custodian parent of the child with divorced parents. It is best advised that a parenting plan is professionally drafted and legally executed. A parenting plan outlines the rights of both parents with regards to the child; covers visitation rights and helps both parents reach a mutual ground.

Call our law offices on: 0211110090
Email us at: [email protected]

Divorced father’s rights

Fathers do have rights to their child after divorce. Depending on the relationship between the two parents, they may reach a mutual agreement. If you’re a father who regular pays child maintenance but is still denied access to your child, you may want to take this up with a family law legal expert.

Call our law offices on: 0211110090
Email: [email protected]

Child custody cases

Our Lawyer Pty Ltd have dealt with a number of child custody, divorce and child maintenance legal matters. Below are a few of our child custody articles you may find helpful:

Call our law offices on: 0211110090
Email us at: [email protected]

Call our offices today and have your legal appointment booked online immediately. Our Lawyer Pty Ltd is highly accommodating towards its clients and believe in making life easier for its clients. This is why we have decided to initiate an online appointment system as well as an online platform in which you can share your thoughts and post your legal questions. Connect with us today!

 

Related Post

Best advice on finding a top divorce lawyer for your divorce case in Sea Point, Cape Town

Do you live in Seapoint, and are you considering divorcing your spouse? Or have you been threatened with divorce? Either way, a divorce is a legal matter, and it is best to find sound legal advice or assistance. Furthermore, divorcing someone has potential severe legal consequences you may not know of. The first consequence, of course, is that you are no longer married to your former spouse, and there is no legal obligation to maintain each other (unless you qualify for alimony). You may also not inherit from your former spouse’s intestate. Lastly, and obviously, you are free to marry someone else. However, do you know of the proprietary (property) consequences of getting a divorce? What about the assets and debt you and your spouse incurred in Sea Point or elsewhere during your marriage? Do you know what should happen to it? If not, it is best you find out about these critical aspects and others before getting divorced. Then there is the issue of parental responsibilities and rights after the divorce should there be minor children involved. This article aims to provide guidance on finding the best attorney or advocate for your divorce matter that can adequately and properly advise you or handle your divorce. The advice would apply whether you live in Sea point or anywhere else in South Africa. The issues we shall deal with are the following.
  • Gender of the Advocate or attorney;
  • Location of the Advocate or attorney;
  • Experience of the Advocate or attorney;
  • Costs of the Advocate or Attorney; and
  • The personality of the Advocate or Attorney.

What is the best gender of the Advocate or Attorney I need to use for my divorce? Is a male or female better?

Generally, the gender of your Advocate or Attorney should not play a role at all in a legal matter. However, depending on your background and the issues involved in your divorce, you may prefer a specific gender where you may feel more comfortable. A female who has been emotionally, physically and psychologically abused may be more comfortable with a female Attorney or Advocate. However, the same female client may prefer a male Advocate or Attorney. No more will be said on this issue.

What is the ideal office location of the Advocate or attorney? Does it have to be in Sea Point?

The location or office of your attorney or Advocate is essential if you wish to consult with them in person. It is also ideal, but not necessary, for their offices to be close to the Court where the divorce would be handled. However, many lawyers make use of correspondent lawyers for this purpose. Furthermore, location should not be an issue if you want a specific lawyer to handle your case. This is so especially seeing that people are making use of virtual meetings.

What level of experience should the Advocate or attorney have?

It is important to remember that not all legal matters require the best lawyer. If your divorce is straightforward, finding the best lawyer in the field is unnecessary. The best may be very busy and lack the time to give your case the attention it deserves. However, if your matter is complicated, then in that case, the most experienced and best lawyer out there is not warranted.

What about the Costs of an Attorney or Advocate?

For many, the costs of the Attorney or Advocate are the most crucial consideration when it comes to enlisting their services. Usually, the more experienced the Attorney or Advocate, the more they would charge. Another aspect that affects costs is the nature of the expertise of the Advocate or Attorney. If the issues in your matter are highly technical and complicated, an Advocate or Attorney with expertise and experience may charge more.

What about the personality of the Advocate or Attorney?

Many may discard the Advocate or Attorney’s personality as not important. However, it is essential to note that it may be time to change lawyers if you do not get along well with the Advocate or Attorney because of their personality. A lawyer and their client would develop a professional relationship in family law matters. This is especially so when the lawyer must discuss many personal issues regarding you, your marriage, children, finance, spouse etc. If you cannot get along well with your Attorney or Advocate, you may not divulge important information relevant to your case.

What is our best advice to a client looking for an Advocate or Attorney in a divorce matter?

Considering all the factors mentioned above, before enlisting the services of an Advocate or Attorney, ensure you enlist the right one. Do not look for the most experience or best, or the top one in family law. You may have to change lawyers if you do so and cannot afford legal bills. Therefore consider the above and any other factors that you may consider necessary when deciding on enlisting the services of an Advocate or an Attorney. Best of luck.

Posted on by Telelaw

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