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 –
- If at the time of the birth, he is living with the mother in a permanent life-partnership; or
- If he, regardless of whether he is living or has lived with the mother-
- 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;
- Contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and
- Contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period
- 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.