Best Child Custody Lawyers in South Africa

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JMD ATTORNEYS

JMD ATTORNEYS

15 minutes Free Consultation
George, South Africa

Founded in 2012
10 people in their team
English
Family Child Custody Child Abuse +7 more
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
Goodway & Buck Attorneys
Durban, South Africa

English
Family Child Custody Adoption +11 more
Goodway & Buck Attorneys, based in Durban, South Africa, offers a comprehensive range of legal services, including Road Accident Fund (RAF) claims, personal injury cases, commercial law, and family law matters. The firm is particularly noted for its expertise in assisting refugees and South African...
Pretoria, South Africa

Founded in 2000
English
S.V MAHLANGU Attorneys (Inc) is a distinguished law firm located in Sunnyside, Pretoria, dedicated to delivering professional and efficient legal services. With over 25 years of experience, the firm offers a comprehensive range of legal solutions, including general litigation, family law, and...
Attorneys Ballito - G Grobbelaar Inc
Ballitoville, South Africa

Founded in 2013
English
Established in 2013 by Mr. Gerhard Grobbelaar, G. Grobbelaar Incorporated is a dynamic law firm based in Ballito, KwaZulu-Natal, South Africa. The firm offers a comprehensive range of legal services, including civil and criminal litigation, debt collection, insolvency law, estate planning, and...
Mc Williams & Elliott
Port Elizabeth, South Africa

Founded in 1853
50 people in their team
Afrikaans
English
ABOUT US‘Building lasting relationships through knowledge, experience and trust since 1853’ Looking for legal services you can trust? McWilliams & Elliott offers professional and expert conveyancing, attorney and notarial services backed by a team of dedicated, compassionate and...
Van Zyl Scheepers Attorneys
Stellenbosch, South Africa

Founded in 2020
English
Van Zyl Scheepers Attorneys, established in 2020, is a client-centered law firm located in the heart of Stellenbosch, South Africa. The firm offers a comprehensive range of legal services, including corporate and commercial law, litigation, mediation, arbitration, property law, trusts and estates,...
Snyman Attorneys
Paarl, South Africa

Founded in 2022
English
Snyman Attorneys, based in Paarl, South Africa, specializes in civil and commercial litigation, offering personalized and professional dispute resolution services. The firm handles a range of legal matters, including contractual disputes, property issues, divorces, evictions, insolvency...
Durban Divorce Law
Bereaville, South Africa

English
Durban Divorce Law is a distinguished law firm located in Berea, Durban, specializing exclusively in family law and divorce proceedings. With a team of experienced attorneys, the firm is dedicated to providing comprehensive legal services tailored to the unique needs of each client. Their expertise...

Founded in 2020
10 people in their team
English
Southern Sotho
Afrikaans
Tswana
Tsonga
Xhosa
Venda
M.M Prestige Legal is a dynamic consulting firm offering a full range of legal services to both corporate and individual South Africans. Through our professionalism and comprehensive knowledge of the South African Justice system, we ensure that our legal team offers  services of the highest...
Conradie Inc Attorneys Worcester
Worcester, South Africa

Founded in 1959
English
Established in 1959, Conradie Inc. Attorneys has been a cornerstone of the Worcester community for over six decades. The firm offers comprehensive legal services across various domains, including commercial law, agricultural law, property law, family law, and municipal law. Their team of seven...
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South Africa Child Custody Legal Questions answered by Lawyers

Browse our 2 legal questions about Child Custody in South Africa and the lawyer answers, or ask your own questions for free.

Legal Gaurdianship Appointment
Family Child Custody
I have a child who's been living with me for 3 months now. Social services have been at the child's house after school, reported/ logged a Form 22/23. Parents are struggling to take care of her and have agreed to appoint us as guardians for her. What do we need... Read more →
Lawyer answer by GAVEL & GREY LEGAL PRACTITIONERS

You will need the court approval on the legal guardianship.

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1 answer
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 Maluka Attorneys

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

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1 answer

About Child Custody Law in South Africa

Child custody in South Africa is governed by the Children's Act 38 of 2005. This legislation prioritizes the best interests of the child when making decisions regarding custody and guardianship. The Act recognizes that both parents have rights and responsibilities towards their children, regardless of whether they are married or not.

Why You May Need a Lawyer

You may need a lawyer for child custody issues in South Africa if you and your ex-partner are unable to reach a custody agreement, if there are concerns about the child's safety or well-being, if one parent wants to relocate with the child, or if there are disputes regarding visitation rights. A lawyer can provide legal advice, represent you in court, and help you navigate the complexities of the legal system.

Local Laws Overview

Key aspects of child custody laws in South Africa include the principle of the best interests of the child, parental responsibilities and rights, and the rights of the child to maintain contact with both parents. The court will consider factors such as the child's relationship with each parent, the ability of each parent to provide for the child's needs, and any history of domestic violence or abuse.

Frequently Asked Questions

1. How is child custody determined in South Africa?

Child custody in South Africa is determined based on the best interests of the child. The court may consider factors such as the child's relationship with each parent, the ability of each parent to provide for the child's needs, and any history of domestic violence or abuse.

2. Can grandparents or other relatives apply for custody?

Yes, grandparents or other relatives can apply for custody if it is in the best interests of the child. The court will consider the child's relationship with the relative, the ability of the relative to provide for the child's needs, and any other relevant factors.

3. Can the custody arrangement be changed after it has been decided by the court?

Yes, a custody arrangement can be changed if there has been a material change in circumstances that affects the child's best interests. This may include a parent moving to a different location, a change in the child's needs, or a change in the parent's ability to care for the child.

4. Can a child's preference be taken into account in custody decisions?

Yes, the court may take a child's preference into account depending on the child's age and maturity. The child's best interests will always be the overriding factor in custody decisions.

5. How can I enforce a custody order if the other parent is not complying?

If the other parent is not complying with a custody order, you can seek legal assistance to enforce the order. This may involve filing a contempt of court motion or requesting the assistance of the court to enforce the order.

6. Can a parent deny visitation rights to the other parent?

A parent cannot deny visitation rights to the other parent without a valid reason. If there are concerns about the child's safety or well-being during visitation, legal steps should be taken to address these issues rather than unilaterally denying visitation rights.

7. What is the difference between legal custody and physical custody?

Legal custody refers to the right to make decisions about the child's upbringing, education, and medical care. Physical custody refers to where the child resides. Both types of custody can be shared between parents or granted solely to one parent.

8. Can I represent myself in court for a child custody case?

While it is possible to represent yourself in court for a child custody case, it is recommended to seek legal advice and representation. A lawyer can help you navigate the legal system, advocate for your rights, and ensure the best interests of your child are protected.

9. How long does a child custody case typically take in South Africa?

The duration of a child custody case in South Africa can vary depending on the complexity of the case, the cooperation of both parties, and the court's schedule. It is advisable to seek legal advice to understand the timeframe and process involved in your specific case.

10. How can I modify a custody agreement or visitation schedule?

If you need to modify a custody agreement or visitation schedule, you can petition the court for a modification. You will need to demonstrate a material change in circumstances that warrants a modification and show that the proposed changes are in the best interests of the child.

Additional Resources

For further information and assistance with child custody issues in South Africa, you can contact the South African Legal Aid Board, the Department of Social Development, or family law practitioners specializing in child custody matters.

Next Steps

If you are facing child custody issues in South Africa and need legal assistance, it is recommended to consult with a family law attorney who can provide guidance and representation. Be prepared to provide relevant information and documentation to support your case, and work towards a solution that prioritizes the best interests of your child.

Lawzana helps you find the best lawyers and law firms in South Africa 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 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.