When it comes to child custody laws in South Africa, there are many common questions that divorcees may want the answers to.
This article serves to take a look at frequently asked questions about child custody as well as provide the answers to them.
In order to get joint custody of your child or children, you will need to approach either the High Court or the Children’s High Court. The court will then decide whether or not joint custody is in the child’s best interest.
A joint residence order allows the child to reside with both parents, typically on an equal basis.
This means that your child resides primarily with you and, for example, will only visit the other parent every weekend or even every 2nd weekend.
As with filing for joint custody, you will need to approach either the High Court or the Children’s High Court in order to file for custody. The court will decide whether or not it is in the child’s best interest.
Joint custody allows both parents to care for the child or children.
In order to file for visitation rights, you will need to approach the High Court or the Children’s High Court. Once again, the court will decide if it’s in the child’s best interest.
When you have sole legal custody of your child, it means that only you are permitted to make decisions regarding your child’s day to day life.
In order to file for sole legal custody, you must approach the High Court or the Children’s High Court. The court will decide if it’s in the child’s best interest.
Yes, this is possible, provided it would be in the child’s best interest.
Yes, this is possible.
Even if parents have joint custody, if one parent earns more than the other, he or she may be required to pay child support.
Shared custody allows both parents to care for the child as well as to make decisions regarding the child’s life.
In theory, it is possible. However, this is not a practical solution.
Both parents are responsible for paying child support.
This is when the child stays at his or her primary residence but both parents care for the child and get to make decisions regarding the child’s life.
Not necessarily. Primary custody means the child has a primary residence but visits the other parent on agreed terms. Full custody means that only one parent is permitted to make decisions regarding the child’s life.
This means that you make day to day decisions regarding your child’s life such as what school he or she attends as well as which extramural activities your child may take part in.
Either or both parents can be the custodial parent of the child.
Sole custody means that only one parent has custody rights over the child. Full custody means that both parents share custody rights over the child.
This means that the child stays with both parents an equal amount of time. In this case both parents have equal say regarding the child’s life.
The primary caregiver of a child is a parent who primarily takes care of the child. This includes the provision of clothing, food and shelter. These are the responsibilities of the primary caregiver.
A caregiver ensures that the best interests of the child are constantly met.
As a father, you have the right to be a part of your child’s life, provided it is in the best interest of the child.
Such a father should be granted parental rights and responsibilities, provided he pays child support and forms an important part of the child’s life.
For compassionate, professional legal assistance regarding family law, including child custody agreements, contact our attorneys.
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