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Best Child Custody Lawyers in Midrand

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Martin Pike Attorneys
Midrand, South Africa

Family Child Custody Adoption +19 more
Martin Pike Attorneys is a Midrand-based South African law firm offering legal services in civil litigation, criminal law, commercial law, family law, and wills and estates. Its civil litigation work includes contractual disputes, building contracts, damages claims, medical negligence, motor...
Nomzamo Jele Attorneys Inc.
Family specialty
Midrand, South Africa

Family Child Custody Adoption +19 more
Nomzamo Jele Attorneys Inc. provides legal assistance across a range of matters.Its listed services include family law, civil litigation, criminal defence, personal injury claims, and commercial and corporate law.
Geniv Wulz Attorneys Incorporated
Family specialty
Midrand, South Africa

Founded in 2005
English
Family Child Custody Spousal Support / Alimony +18 more
Geniv Wulz Attorneys Incorporated, established in 2005 and located in Midrand, Johannesburg, has built a distinguished reputation for professionalism, integrity, and legal excellence. The firm specializes in family law, offering comprehensive services that address the unique needs and priorities of...
H M BOTHA ATTORNEYS
Family specialty
Midrand, South Africa

Founded in 1990
English
Family Child Custody Spousal Support / Alimony +18 more
H M Botha Attorneys, established on March 1, 1990, by Marietjie Botha (now Robb), is a distinguished law firm based in Midrand, South Africa. The firm expanded its leadership in 2017 when Marietjie's daughter, Rita Botha, joined as a partner. With over three decades of experience, the firm has...
BOKIA ATTORNEYS INC
Family specialty
Midrand, South Africa

English
Family Child Custody Spousal Support / Alimony +18 more
BOKIA ATTORNEYS INC is a distinguished law firm in South Africa, offering comprehensive legal services across multiple disciplines. With offices strategically located in Midrand, Johannesburg, and Gqeberha, the firm is well-positioned to serve a diverse clientele. Their areas of expertise encompass...
Kapungu Attorneys
Family specialty
Midrand, South Africa

English
Family Child Custody Spousal Support / Alimony +18 more
Kapungu Attorneys, based in Midrand, South Africa, offers a comprehensive range of legal services tailored to meet diverse client needs. The firm specializes in areas such as family law, immigration, contracts, litigation, labor law, tax law, insurance law, bail applications, wills, estates and...
Midrand, South Africa

Founded in 2015
5 people in their team
Family Child Custody Adoption +19 more
Farah & Parker Attorneys is a South African niche law firm with offices in Midrand and Durban. Founded by Jodee Farah and Elizabeth Parker in 2015, the firm focuses on commercial law and litigation, drawing on the partners’ combined experience of more than 50 years.The firm’s lawyers bring...
Seane Mokhele Attorneys
Family specialty
Midrand, South Africa

Family Child Custody Adoption +19 more
Seane Mokhele Attorneys is a female-owned boutique law firm based in Midrand, South Africa.The firm lists commercial, family, criminal, labour and litigation matters among its areas of legal work.
Z&Z Ngogodo Inc.
Midrand, South Africa

Founded in 2011
Family Child Custody Adoption +19 more
Z&Z Ngogodo Incorporated is a law firm established in 2011 in Midrand, Gauteng.
PN Baloyi Attorneys Inc.
Family specialty
Midrand, South Africa

Family Child Custody Adoption +19 more
PN Baloyi Attorneys Inc. is a law firm offering services across several practice areas.

Child Custody lawyers in Midrand, South Africa at a glance

What the 10 firms in this list say about themselves. When a firm has not told us something, we count it as not stated rather than guess.

firms in this list
10
10 of 10 with an office in the city
median founding year
2011
4 of 10 firms give one
people: the most common team size
1–5
1 of 10 firms give one
10 offices on the map. Only offices we could place in Midrand, South Africa are shown.

Where their offices are

10 offices in this list

Show the 10 addresses
  • Martin Pike Attorneys · 127 Crocus Rd, Kyalami AH, Midrand, 1684, South Africa
  • Nomzamo Jele Attorneys Inc. · Ground Floor, Mac Mac Building, Maxwell Office Park, 37 Magwa Cres, Waterfall City, Midrand, 2090, South Africa
  • Geniv Wulz Attorneys Incorporated · 13 Everfair Ave, Randjesfontein, Midrand, 1683, South Africa
  • H M BOTHA ATTORNEYS · Office 3 TFT House Challenger Avenue International Business Gateway Park, New Road, Midrand, 1685, South Africa
  • BOKIA ATTORNEYS INC · Allandale Exchange, Unit 22, 917 Morkels Cl, Halfway House, Midrand, 1685, South Africa
  • Kapungu Attorneys · Building No 10, Thornhill Office Park, HQ, 84 Bekker Rd, Vorna Valley, Midrand, 1686, South Africa
  • Farah & Parker Attorneys · 587 Russet Bushwillow Cl, Carlswald North Lifestyle Estate, Midrand, 1685, South Africa
  • Seane Mokhele Attorneys · Ground Floor, Mac Mac Building, Maxwell Office Park, Magwa Cres, waterfall, Midrand, 2090, South Africa
  • Z&Z Ngogodo Inc. · Suite 7, 1st Floor, Waterfall View Bldg, Waterfall Office Park, Vorna Valley, Midrand, 1686, South Africa
  • PN Baloyi Attorneys Inc. · Spaces Blue Hills, 208 Coubrough Rd, Noordwyk, Midrand, 1687, South Africa

When they were founded

  • 2010 or later 2 firms
  • 1990 to 2009 2 firms
  • Not stated 6 firms

The oldest dates from 1990; the median is 2011.

How big their teams are

  • 1 to 5 people 1 firm
  • Not stated 9 firms

Counted from the firms' own profiles. Firms keep these facts up to date in their dashboard. Update your firm's profile

AS SEEN ON

South Africa Child Custody Legal Questions answered by Lawyers

Browse our 1 legal question about Child Custody in South Africa and read the lawyer answers, or ask your own questions for free.

Can a mother keep a caring father away from his child
Child Custody Family
Can my mother of my child keep my child away from me
Lawyer answer by Attorneys

She cannot keep your child away from you unless there are valid reasons such as abuse.

Read full answer
1 answer •

About Child Custody Law in Midrand, South Africa

Child custody law in Midrand, South Africa, is governed by national legislation, but the specific application and experiences may differ based on local practices and available resources. Child custody, often referred to as care and contact, involves the legal and practical relationship between a parent or guardian and a child, including the right to make decisions for the child and the responsibility to care for them. The principle guiding all custody decisions in South Africa is the best interests of the child, as stipulated by the Children’s Act 38 of 2005. Whether you are going through a divorce, separating from a partner, or facing disagreements concerning a child, understanding local procedures and your rights is crucial.

Why You May Need a Lawyer

There are several situations where legal assistance can be vital in child custody matters:

  • If you and the other parent cannot agree on living arrangements or contact schedules for the child.
  • If you need to formalise custody arrangements or obtain a court order.
  • If there are concerns about a child’s safety, welfare, or possible abuse.
  • If either parent is relocating or traveling internationally with the child.
  • If a parent or guardian wants to challenge or change existing custody or contact orders.
  • If there is a dispute involving extended family, such as grandparents’ rights.
  • If maintenance (child support) is linked to custody arrangements.
  • If Child Welfare or Social Development is involved in the case and you require legal advocacy.

Having a specialist lawyer can help you navigate the legal system, understand your rights, and ensure that the outcome favours the best interests of the child.

Local Laws Overview

In Midrand, child custody is primarily governed by the Children’s Act 38 of 2005. This Act outlines parental rights and responsibilities, including care (custody), contact (access), guardianship, and maintenance. The law emphasises that both parents inherently have full parental rights and responsibilities unless a court determines otherwise. When a dispute arises, parents are encouraged to reach an agreement through mediation before approaching the court. If parties cannot agree, the matter can be taken to the Children's Court, which will make a determination based on the best interests of the child. The law is gender-neutral, focusing on factors such as the child’s age, health, emotional ties, and the ability of each parent to provide a stable environment. Alternative care, such as living with grandparents or relatives, may be considered if it serves the child's best interests.

Frequently Asked Questions

What is the difference between custody and guardianship?

Custody (now referred to as care) relates to the day-to-day living arrangements and welfare of the child, while guardianship involves making major decisions such as those related to schooling, medical care, and applying for passports.

Who decides who gets custody in Midrand?

If parents cannot agree, the matter is decided by the Children’s Court. The court will look at the best interests of the child before making an order.

Can fathers get custody of their children?

Yes. Courts in South Africa do not favour mothers over fathers. Either parent can be granted custody based on the child’s best interests.

Do unmarried fathers have parental rights?

Unmarried fathers can acquire parental rights and responsibilities if certain criteria are met, such as living with the mother at the time of birth or being involved in the child’s life. The court can formalise these rights if needed.

How can custody orders be changed?

If there is a significant change in circumstances, either parent can apply to the court to vary an existing custody order. The court will again consider the best interests of the child.

What if I fear for my child’s safety?

Urgent action can be taken via the police, social workers, or the court to protect a child if there are allegations of abuse, neglect, or risk.

Is mediation required before going to court?

South African law encourages mediation in family disputes. You may be referred to a Family Advocate, social worker, or private mediator before the court hears the matter.

Can grandparents or other family members apply for custody?

Yes. Any person who has an interest in the care, wellbeing, or development of a child can apply to court for care or contact rights if it is in the child’s best interests.

What happens if one parent wants to relocate?

A parent wishing to move with the child must have either the consent of the other parent or a court order. The court will carefully consider how relocation will affect the child.

How does the court consider the child's wishes?

The child’s age, maturity, and input will be taken into account. In older children, their preferences may influence the outcome, provided it serves their best interests.

Additional Resources

If you need more help or information, consider the following options:

  • Department of Social Development - for welfare enquiries and social worker assistance.
  • Office of the Family Advocate - for mediation and custody investigations.
  • Legal Aid South Africa - provides free or affordable legal services to those who qualify.
  • Children’s Courts - located at various magistrates’ courts including in Midrand.
  • Non-governmental organisations such as Child Welfare SA and Women’s Legal Centre.
  • Community advice centres and local attorneys who specialise in family law.

Next Steps

If you require legal advice or assistance with a child custody matter in Midrand:

  • Gather all relevant documents including birth certificates, existing court orders, or agreements.
  • Consider trying mediation with the other parent, possibly with the assistance of the Family Advocate.
  • If mediation fails or is not suitable, consult a family law attorney for a case assessment.
  • Contact the Children’s Court at your nearest magistrate’s court to initiate proceedings if necessary.
  • If there are urgent concerns for the child’s safety, contact the police or Department of Social Development immediately.

Taking informed action early in a custody matter can reduce conflict and provide the best possible outcome for the child involved.

Lawzana helps you find the best lawyers and law firms in Midrand through our directory of 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.

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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.