When parents are separated, child custody takes the centre seat and many fathers ask the important question of whether or not they will receive custody of their children. Does the father have a chance of having custody of his own children? How to win child custody for fathers?
For fathers all over South Africa, the possibility of having custody of your children can be realised, however, this has much to do with the best interests of the children, and whether living with the father can foster a positive home life. What does the court look at when determining the best interests of the child, and how may the father provide the best environment for his children? What are fathers rights in terms of the South African law?
The court first identifies the parents ability to provide for their children. If they have the means and the disposition to provide food, clothing, education and medical care then they can start identifying each parents’ ability to provide affection, love, guidance and personal time with the children. At this point, they will usually determine which parent is better suited to provide a suitable environment.
Courts will also attempt to preserve the continuation of a child’s lifestyle (in cases where the child’s present lifestyle is suitable for personal wellbeing and growth). If a child has to move schools as well as areas in which they live this will ultimately prove detrimental to the children. An analysis of the parent’s lifestyle is also in order, measuring their moral fitness as well as personal and financial health. Again, the courts are concerned not with how much money the parent makes, but rather their ability to provide for the children over a long period of time.
If the father of the child is able to provide for the child/children in every capacity, as outlined above, then there is no reason as to why they should not have custody of their children. In recent years there are many cases of fathers being given custody of their children, however, we do expect fathers to take into account the best interests of the children before taking the matter to court. If the children are provided for and are happy in their present environment, there is no reason for the trauma involved during a child custody case.
For further information on your particular situation and or to find out more, please consult with one of our specialist child custody for fathers attorneys, or contact us directly.