Loading...
Divorced Father’s Rights in South Africa2018-10-30T13:35:48+00:00

DIVORCED FATHER’S
RIGHTS IN SOUTH AFRICA

What are divorced father’s rights in South Africa when it comes to child custody? The biological father in terms of Section 20 of the Children’s Act No 38 of 2005 is defined as someone who has full parental responsibilities and rights in respect of the child:

  1. “If he is married to the child’s mother, or
  2. If he was married to the child’s mother at-
  • The time of the child’s conception;
  • At the time of the child’s birth;
  • Any time between the child’s conception and birth.”

If the mother and father of the child get divorced, the divorced father’s rights in South Africa cover custody, contact, care and guardianship. Part of the parental responsibilities of a divorced father is that he will still have guardianship over the child/children which means that if the child requires a Visa or consent to marry, assuming the child is underage, the father will have to consent. The ultimate goal is to make sure the child is happy, receiving the support they need and being looked after properly.

Initial consultations are charged at R1500.00. Thereafter, should you wish for us to act on your behalf, a fee is discussed and agreed upon whereafter we can move forward with your matter. We promise to get back to you as soon as possible – as we are aware that these cases are often urgent.

CONTACT ONE OF
OUR ATTORNEYS NOW:

child custody, family law, Divorced Father’s Rights in South Africa

WHAT ARE DIVORCED FATHER’S RIGHTS IN SOUTH AFRICA CUSTODY OPTIONS?

PRIMARY RESIDENCE:

In the case of the father being awarded primary residence of the child/children, the children will reside at the father’s house and he will be primarily responsible for them. The father and mother can come to an agreement where she is allowed to visit the children under certain circumstances, but they will live with their father. This is often the case when the mother of the children is considered unfit to take care of the children or the father is better equipped to look after the children.  divorced father’s rights in South Africa are to look after their children should they not believe that the mother is fit to do so.

RIGHT TO ACCESS:

Even if it is not in the best interest of the child to live with the father, fathers still have rights to have access to the child/children by arriving at a settlement with the estranged wife as to what would be in the best interest of the child/children. In the case of babies, the father can normally see the child at times that are convenient to the mother as she is rearing the child and routine is a priority here. In many instances the father will see the children every second weekend, on long weekends, Father’s Day, alternative school holidays both long and short and every alternative Christmas.

LIMITED OR NO ACCESS:

In extreme cases where there has been a history of abuse such as emotional, mental or physical abuse, the father will have to show the court that he is a changed person in order to gain rights to see the child/children. These visits will then be limited and supervised and depending on the relationship between the child and father, there may be instances where no access is granted to the father as he has not seen his child for many years. This is dependent on the facts of the situation and the courts to determine the divorced father’s rights in South Africa. The courts prefer to leave the way open as each circumstance is different.

In terms of Section 21 of the Children’s Act, even after divorce, the biological father acquires full parental responsibilities and the father’s custody rights in respect of the child –

  1. If at the time of the birth, he is living with the mother in a permanent life-partnership; or
  2. If he, regardless of whether he is living or has lived with the mother-
  3. Consents to be identified or successfully applies in terms of Section 26 to be identified as the child’s father (i.e. if the court confirms his paternity) or pay damages in terms of customary law;
  4. Contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and
  5. Contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period
  6. If there is a dispute between the biological father referred to in sub-section (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in sub-section (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or another qualified person.

CONTACT JOSELOWITZ & ANDREWS ATTORNEYS TODAY FOR ASSISTANCE WITH DIVORCED FATHER’S RIGHTS IN SOUTH AFRICA.

Divorced father’s rights in South Africa cover the contact, care and guardianship, and the best interests of the child/children, and this becomes important when considering how these rights will be exercised. Joselowitz & Andrews Attorneys offer legal assistance regarding child custody and divorced father’s rights in South Africa and provide an affordable and efficient legal solution. We understand the tough situations that come with custody battles and aim to make the process as amicable as possible, taking some of the stress away.

NEED TO GET THE BEST FOR YOUR CHILD?

Ask An Attorney

LET’S WORK TOGETHER

Contact Joselowitz & Andrews Attorneys with regards to your divorced father’s rights in South Africa and family law needs today!

MAKE ENQUIRY