Best Child Custody Lawyers in Durban

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Rajaram Mvulane Attorneys

Rajaram Mvulane Attorneys

Durban, South Africa

Founded in 2019
10 people in their team
Afrikaans
English
We pride ourselves on being a professional, confident and strong women empowered firm. To provide quality legal assistance to all persons with honesty and integrity, and to assist in enhancing the rule of law.Rajaram Mvulane Attorneys aims to provide ethical and friendly customer service in the...
Macgregor Erasmus Attorneys

Macgregor Erasmus Attorneys

Durban, South Africa

Founded in 2007
50 people in their team
English
Afrikaans
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
HARILALL NAIK PETERS ATTORNEYS

HARILALL NAIK PETERS ATTORNEYS

Durban, South Africa

English
Harilall Naik Peters Attorneys, located in Ballito, South Africa, offers comprehensive legal services across various practice areas, including Criminal Law, Labour Law, Family Law, Commercial Law, Corporate Law, Tax Law, and Property Law. The firm is led by Directors Nikhil Harilall and Suvania...
Legal Leaders | Moolla Attorneys Inc

Legal Leaders | Moolla Attorneys Inc

Durban, South Africa

English
A professional law firm offering expert legal services.
ESSACK & HANSA ATTORNEYS, NOTARIES AND CONVEYANCERS

ESSACK & HANSA ATTORNEYS, NOTARIES AND CONVEYANCERS

Durban, South Africa

Founded in 1994
50 people in their team
Afrikaans
English
We are a private legal practice, operating as a partnership between Mahomed Essack and Ruwaida Hansa. Mahomed and Ruwaida, aside from being partners in law, are also partners in marriage. They were admitted as attorneys on 20 December 1994 and have established long lasting relationships with...
Burne & Burne Attorneys

Burne & Burne Attorneys

Durban, South Africa

English
Established in 1880 by William Burne, Burne & Burne Attorneys is a distinguished law firm in Durban North, South Africa, with a legacy spanning over 140 years. The firm has been led by five generations of the Burne family, making it one of the country's most enduring family-run legal practices....
Hunter & Company

Hunter & Company

Durban, South Africa

Founded in 2021
10 people in their team
Afrikaans
English
OverviewHunter & Co. is a boutique new law firm that offers general litigation services with a focus on commercial law and family law.. Our practitioner always strives to provide truly honest and accurate legal strategies, which are custom designed to benefit our clients. The service offering...
John Hudson & Company Attorneys

John Hudson & Company Attorneys

Durban, South Africa

Founded in 1952
50 people in their team
English
Afrikaans
The firm was established by John Charles Stewart Hudson in 1952 in the Durban CBD and has continued to practise in the Durban area ever since.  ​​We pride ourselves in being accessible to our clients and have supported families and business (both large and small) for over six decades....
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South Africa Child Custody Legal Questions answered by Lawyers

Browse our 3 legal questions about Child Custody in South Africa and the lawyer answers, or ask your own questions for free.

Hi, I have been a present and supporting father to my four year old son and I do everything for him but I struggle and get resistance everytime I want him to visit me at my place without her mom being around because we are no longer together. The maternal
Child Custody
Family
Father's Rights
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Asking Courts Permission To Take Your Child From The Mother For Better Schooling Opportunities Elsewhere
Family
Child Custody
Kindly contact us @[email protected] for legal guidanceThank you 
Can a mother keep a caring father away from his child
Child Custody
Family
Only if she can prove he is unfit in court

About Child Custody Law in Durban, South Africa

South Africa’s Children’s Act of 2005 governs child custody law, covering a range of aspects including parental responsibilities, rights of the child, and the best interests of the child. The concept of joint custody, where both parents share equal responsibility and rights, is widely favoured as it is believed to serve the child's best interests, especially in Durban. However, the specifics of each case may differ depending on the circumstances.

Why You May Need a Lawyer

Child custody disputes are often complex and emotionally charged. Legal assistance becomes necessary when there is a disagreement between parents, when the safety and wellbeing of the child are at risk, or when a parent needs help understanding their legal rights and responsibilities. In cases where international jurisdictions are involved, a lawyer is essential to navigate the complexities of various legal systems.

Local Laws Overview

South African child custody laws are largely concerned with what is considered to be in the best interests of the child. This involves two main aspects – care and contact. Care refers to living arrangements, providing for the child, and making important decisions about the child's life. Contact refers to maintaining a personal relationship between the child and the other parent. In situations where parents cannot find a resolution, mediation is encouraged. If still unresolved, the case is taken to the court where a judge decides based on the child's best interests.

Frequently Asked Questions

What is the age a child can decide which parent to live with?

In South Africa, the law does not state a specific age when a child can decide which parent they want to live with. However, the court takes into account the child's maturity and ability to make an informed decision, typically the child's view is considered from the age of twelve.

Can custody rights be modified?

Yes, child custody agreements can be modified if there is a significant change in circumstances and it is in the best interests of the child to do so. For instance, if the parent with primary custody suffers from illness or has to move to a different city or country, the agreement can be reconsidered.

What rights does the non-custodial parent have?

The non-custodial parent typically has visitation and communication rights. They also have the right to be informed about the child's wellbeing and significant life events, unless there is a court order limiting these rights for reasons such as abuse or neglect.

Does the mother always get primary custody?

Not necessarily. While traditionally mothers were often granted primary custody, South African courts now take a gender-neutral approach, focusing on the best interests of the child, the child’s relationship with each parent, and each parent’s ability to provide for the child’s needs.

What happens if one parent does not abide by the child custody agreement?

If a parent disobeys a custody agreement, the other parent can file a complaint with the court. The offending parent could face penalties, including fines or a change in custody arrangements.

Additional Resources

Local child welfare agencies, family advocates, or social service professionals can offer advice and support. The Southern African Legal Information Institute (SAFLII) provides access to South African legal materials and court judgments.

Next Steps

If you find you need legal assistance in child custody matters, start by seeking a reputable family lawyer who specializes in child custody. Prepare to discuss your circumstances and desired outcomes with your lawyer, and gather all relevant documents such as prior agreements, court orders and evidence supporting your case. With this support, you can navigate through the process with a better understanding and stronger legal backing for your child's best interests.

Lawzana helps you find the best lawyers and law firms in Durban through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Custody, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Durban, South Africa—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.