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Browse our 1 legal question about Child Custody in South Africa and the lawyer answers, or ask your own questions for free.
Child custody law in Johannesburg, as in the rest of South Africa, prioritizes the best interest of the child above all other concerns. Various factors are considered when determining custody, including the ability of parents to provide for the child's needs, the child's personal safety, and the quality of schools available in the area. Johannesburg is predominantly governed by the Children's Act 38 of 2005, stipulating children's rights, protection, and care. It grants a child the right to be cared for by both parents, which includes maintaining regular contact with them.
Having a lawyer is essential in navigating the complexities of child custody cases. Professionals can provide advice on your rights and responsibilities as parents, represent you in court, and negotiate on your behalf. Situations that might necessitate a lawyer include: when the other parent is trying to limit your access to the child, if you believe your child is in danger, or when the case involves cross-jurisdiction (i.e., one parent lives outside South Africa).
Key aspects of the Children’s Act relevant to custody include: the right of the child to maintain a relationship with both parents, the child's wishes taken into account (depending on their age and maturity), provision for parents to agree on a parenting plan, and the possibility of mediation in cases where parents cannot agree. The law further stipulates that it’s in the child's best interest to have parents co-parent as closely as possible to the arrangement before separation, thereby maintaining familiar routines and relationships.
1. What is joint custody?In Johannesburg, as in the rest of South Africa, joint custody implies that both parents are equally entitled to fulfil their parental rights and responsibilities.
2. Can a father get custody of the child?Yes, The courts award custody on the basis of the child's best interests, not on the basis of the parent's gender.
3. At what age can a child decide who to live with?While the law does not specify a specific age, a child's views are taken into consideration at an age where they can express independent opinions, usually around 12 years old.
4. Do grandparents have rights in custody disputes?While grandparents do not have automatic rights, the court may consider their involvement in the child's life when making decisions on custody.
5. Does custody affect child support?No, child support is separate from custody. Both parents are expected to financially support the child, regardless of who has custody.
For further assistance, consider reaching out to The South African Department of Social Development or The South African Department of Justice and Constitutional Development. Both agencies offer community services that can provide support and advice for those navigating the process of child custody disputes.
If you need legal assistance in child custody, first gather all necessary documentation relating to your child —such as school records, medical records, and evidence of your financial ability to care for the child. Then, seek legal advice from a family lawyer who specializes in child custody. They will guide you through the court process, ensuring that you understand the procedures and help you make informed decisions.
