How To Get Custody Of A Child In South Africa

What is Custody?

Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person’s care.

How To Get Custody Of A Child In South Africa

With an increase in the rate of divorce in the country, parents who have a child(ren) at the time their relationship crashes on a continual basis are being faced with issues of who takes care of the child. Consequently, having an understanding of the law that regulates child custody in South Africa is important. So, among other things, this article delves into issues relating to family law in South Africa, laws protecting children’s rights in South Africa and what can also be referred to as daddys deals.

Every parent has an inherent right as well as duty over his or her baby, and this is often referred to as parental rights and responsibilities. However, there are some cases that may hinder a parent from having the opportunity to his or her child as desired.

This may be due to divorce, separation or an instance where the parents are not living together. When any of these happens, the problem of who takes full custody of the children often comes up. So, if you find yourself in this situation or you need information on the subject matter, then this article is worth reading. Parental rights and responsibilities South Africa A good thing about South Africa is its law which regulates family affairs. According to Wikipedia, family law South Africa has to do with “that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other holders of parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity.

It is imperative to note that children are valued in South Africa. Whether the parents are married or not and whether both are together or divorced, there are child protection act South Africa which has been established to serve as ‘immunity’ for the children against any adverse circumstance. For instance, based on Section 18 of the Children’s Act 38 of 2005, the responsibilities that a parent has over his or her children have been defined as the following:

A person may have either full or specific parental responsibilities and rights in respect of a child. The parental responsibilities and rights that a person may have in respect of a child include the responsibility and the right: to care for the child to maintain contact with the child act as guardian of the child; and contribute to the maintenance of the child From the afore-definition, it becomes binding on the parents to ensure that adequate care and responsibility is taken over their children. However, in a situation whereby the parents divorce or are unmarried, sections 33 and 34 of the South African Children’s Act spells out how to go about child custody in South Africa. According to the law, it is expected that there should be a kind of a parenting plan which is all about parental rights and responsibilities agreement. If this plan does not work, then, the help of a third party can be consulted.

How is custody determined in South Africa?

Any person with an interest in the care, well-being or development of a child may apply to the High Court for an order granting guardianship. The court must take several factors into account, including the child’s best interests and the relationship between the applicant and the child.

How do I get full custody of my child in South Africa?

If parents cannot agree on a parenting plan, then a court may have to be approached. Usually, they would approach the High Court or the Children’s Court in their area of residence. In South Africa, one does not have to make use of legal representation. In other words, you may represent yourself in Court

What is an unfit mother in South Africa?

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

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