Child custody legal advice and services

Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override. At our law offices, our job is to help parties involved keep a level head form a legal perspective and guide them as to what will be the best way forward. Sometimes a matter has been blown out of proportion while the parties involved often expect us to perform miracles – this is not how it works in the world of law. We have found that executing our legal expertise can become a very complicated ordeal when there is little co-operation. It is however, essential to highlight that the main responsibility of the family legal expert is to advise and guide you with the best way forward from a legal standpoint.

The Children’s Act 38 of 2005 – child access to grandparents

In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us with, as a guide as to what address in these articles. For instance, we had a legal a matter in which the grandparents wanted to know what their chances are in gaining custody over their grandchild. The family legal expert then stated the following using the Children’s Act 38 of 2005:

The Children’s Act 38 of 2005

The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows: “2     Objects of Act   The objects of this Act are-   (a) to promote the preservation and strengthening of families;   (b) to give effect to the following constitutional rights of children, namely-            (i)     family care or parental care or appropriate alternative care when removed from the family environment;            (ii)     social services;            (iii)     protection from maltreatment, neglect, abuse or degradation; and            (iv)     that the best interests of a child are of paramount importance in every matter concerning the child;   (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic;   (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children;   (e) to strengthen and develop community structures which can assist in providing care and protection for children;  (f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards;  (g) to provide care and protection to children who are in need of care and protection;  (h) to recognise the special needs that children with disabilities may have; and  (i) generally, to promote the protection, development and well-being of children.”  As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child. For more information on this article, see Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say?   Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Grounds for full custody – child access, child maintenance and divorce

When it comes to child custody grounds, there are different variables at play. Most times, if the one parent happens to be unstable, the grounds for custody will lean more strongly towards the other parent, understandably so. Having said that, a child access matter will have issues of visitation rights, divorce, child maintenance and drafting of parenting plans. These all go hand in hand when dealing with child custody. Enjoy some of our free, expert legal advice articles below which could be of help for your when it comes to child custody legal matters. Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Legal advice articles – child custody, parenting plans and divorce

The articles below have been well crafted by the legal expert himself for your convenience:
  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks
Do feel free to visit our frequently asked questions page on child custody in which you can gain some clarity on the matter.   Connect with us today and have an appointment made online for you!

Child custody legal advice and services

Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override.

At our law offices, our job is to help parties involved keep a level head form a legal perspective and guide them as to what will be the best way forward. Sometimes a matter has been blown out of proportion while the parties involved often expect us to perform miracles – this is not how it works in the world of law.

We have found that executing our legal expertise can become a very complicated ordeal when there is little co-operation. It is however, essential to highlight that the main responsibility of the family legal expert is to advise and guide you with the best way forward from a legal standpoint.

The Children’s Act 38 of 2005 – child access to grandparents

In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us with, as a guide as to what address in these articles. For instance, we had a legal a matter in which the grandparents wanted to know what their chances are in gaining custody over their grandchild. The family legal expert then stated the following using the Children’s Act 38 of 2005:

The Children’s Act 38 of 2005

The Children’s Act is the main piece of legislation dealing with matters concerning children. Section 2 of the Children’s Act deals with its objective. Reading it would give you some type of understanding regarding the Act. It is quoted as follows:

“2     Objects of Act 

 The objects of this Act are- 

 (a) to promote the preservation and strengthening of families; 

 (b) to give effect to the following constitutional rights of children, namely- 

          (i)     family care or parental care or appropriate alternative care when removed from the family environment; 

          (ii)     social services; 

          (iii)     protection from maltreatment, neglect, abuse or degradation; and 

          (iv)     that the best interests of a child are of paramount importance in every matter concerning the child; 

 (c) to give effect to the Republic’s obligations concerning the well-being of children in terms of international instruments binding on the Republic; 

 (d) to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children; 

 (e) to strengthen and develop community structures which can assist in providing care and protection for children; 

(f) to protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards; 

(g) to provide care and protection to children who are in need of care and protection; 

(h) to recognise the special needs that children with disabilities may have; and 

(i) generally, to promote the protection, development and well-being of children.” 

As you can see, the Children’s Act’s object is very extensive, focused solely in the interests of the child. Now let us look at what does it say about the best interests of a child.

For more information on this article, see Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say?

 

Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Grounds for full custody – child access, child maintenance and divorce

When it comes to child custody grounds, there are different variables at play. Most times, if the one parent happens to be unstable, the grounds for custody will lean more strongly towards the other parent, understandably so.

Having said that, a child access matter will have issues of visitation rights, divorce, child maintenance and drafting of parenting plans. These all go hand in hand when dealing with child custody.

Enjoy some of our free, expert legal advice articles below which could be of help for your when it comes to child custody legal matters. Call our law offices on 021 424 3487 and have an appointment made online for you by our friendly receptionist today!

Legal advice articles – child custody, parenting plans and divorce

The articles below have been well crafted by the legal expert himself for your convenience:

  1. The Law Regarding Children – The Children’s Act 38 of 2005
  2. Child born out of wedlock: Mother will not consent to her surname change and to be registered as her biological father. What can I do?
  3. How do I get full custody over my child?
  4. Parental Child Abuse in Custody Cases
  5. Relocate with minor child. Parent Refusing Consent for a Passport
  6. Father being refused contact to his child! What are his rights as a Father?
  7. Father’s Parental Responsibilities and Rights to his Child
  8. Urgent Access to your Children without a Lawyer
  9. Parenting Plans and the Law
  10. What happens in a custody dispute where one parent is mentally ill?
  11. How to win your child custody and access court case – Tips and Tricks

Do feel free to visit our frequently asked questions page on child custody in which you can gain some clarity on the matter.

 

Connect with us today and have an appointment made online for you!

Related Post

I am in search of a trustworthy attorney or advocate. Please direct me to reputable sources to find one.

There are many reputable sources for legal advice and services. Some options include consulting with an advocate or attorney, reaching out to a legal aid organisation, or searching for legal resources through your various websites. It’s essential to research and choose a reliable source to ensure that you receive accurate and trustworthy legal guidance, advice or representation.

When do I decide that there is a need to consult with a lawyer, attorney, or advocate?

Consider consulting with a lawyer, attorney, or advocate if you are facing a legal issue or have questions you need help with. Some everyday situations where you may want to consult a lawyer include:  1. You have been arrested or charged with a crime;  2. You are facing a civil lawsuit or have been served with legal papers.  3. You are considering filing for divorce or dealing with a child custody issue.  4. You are starting a business or need help with business contracts.  5. You are buying or selling a home or other real estate property.  6. You are facing an employment dispute or have questions about your rights as an employee.  A lawyer can provide guidance and support throughout the legal process, ensure that your rights are protected, and help you achieve the best possible outcome in your case. I think it’s essential to choose a lawyer with experience in law that pertains to your specific issue and who you feel comfortable working with.

Is it better to consult with an attorney or advocate virtually or in person?

Whether it is better to consult with a lawyer virtually or in person depends on your preferences and the nature of your legal issue.  Virtual consultations, such as video or phone consultations, can be a convenient option for individuals who cannot travel to a lawyer’s office or prefer the flexibility of consulting with a lawyer from the comfort of their home. Virtual consultations can also benefit individuals with time constraints or who need to consult with a lawyer quickly. However, in-person consultations may be preferable for individuals who prefer face-to-face interaction and feel more comfortable discussing sensitive legal issues. In-person consultations can also allow for a more thorough and detailed discussion of your legal issue and the opportunity to review and sign legal documents on the spot. Ultimately, the decision to consult with a lawyer, attorney or advocate virtually or in person is a personal one and depends on your individual needs and preferences. Many lawyers offer virtual and in-person consultations, so it’s important to discuss your options with your lawyer and choose the best option.

What is free legal advice by an attorney or advocate?

Free legal advice refers to providing legal guidance or information without charge or cost to the recipient. This may be provided by legal aid organisations, pro bono attorneys or advocates, or other resources that offer free legal services. Free legal advice can be helpful for individuals who are unable to afford the cost of hiring an attorney or advocate. Still, ensuring that the advice received is accurate and reliable is essential. Free legal advice may only sometimes be able to address complex legal issues or provide ongoing legal representation fully.

Are all advocates and attorneys the same?

No, not all lawyers are the same. While the High Court has admitted all advocates and attorneys, they may specialise in different areas of law and have varying levels of experience and expertise. Some lawyers may focus on criminal law, while others specialise in family law, intellectual property law, or other areas. Additionally, lawyers may work in private practice, government agencies, or non-profit organisations, impacting their practice and areas of expertise. I think choosing a lawyer with experience in law is essential.

Is there a guarantee that I will win my court case with a lawyer?

No, there is no guarantee that you will win your court case. The outcome of a court case depends on various factors, including the strength of the evidence, the arguments presented by each side, the judge’s interpretation of the law, and other factors. While a lawyer can provide guidance and help prepare your case, they cannot guarantee a specific outcome. It’s essential to have realistic expectations, be prepared for the possibility of an unfavourable outcome, and plan how to proceed if this occurs.

How often should I consult with my attorney or advocate?

The frequency with which you should consult with your lawyer depends on the nature of your legal issue and the complexity of your case. In some cases, you may only need to consult with your lawyer once or twice throughout the entire legal process, while in other cases, you may need to communicate with them more frequently. It’s essential to set clear expectations with your lawyer regarding communication and ensure you are both on the same page regarding how often you will check in and what type of updates you can expect. Also, please feel free to ask me any questions or concerns during the legal process. In that case, reaching out to your lawyer as soon as possible would be essential to ensure they can address them effectively.

What do I do if I am not happy with the outcome of the court case?

If you are not happy with the outcome of your court case, several options may be available to you, depending on the circumstances of your case.  Firstly, you may have the option to file an appeal, which is a formal request for a higher court to review the decision made in your case. You would appeal to the High Court if your matter were heard in the Magistrates  Court. An appeal can only be filed if there were errors in the legal process that may have affected the outcome of your case, such as the application of the wrong law, facts, procedural errors and so on. Additionally, suppose that your lawyer provided inadequate representation or made significant errors that may have impacted the outcome of your case. In that case, you may have the option to file a complaint or a malpractice claim against them.  I think consulting with a lawyer is essential to determine the best course of action in your specific case. They can guide your legal options and help you make an informed decision about how to proceed.

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