Frequently Asked Questions on Child Custody – South Africa

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.

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