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:
- “If he is married to the child’s mother, or
- 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.