Best Child Custody Lawyers in South Africa

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Goodway & Buck Attorneys
Durban, South Africa

English
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...
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Founded in 1989
English
McKenzie Dixon Attorneys, Conveyancers & Notaries, established in 1989, is a distinguished law firm based in Sherwood, Durban. With over three decades of experience, the firm has built a solid reputation for delivering professional and efficient legal services across various fields, including...
Couzyn Hertzog & Horak
Pretoria, South Africa

Founded in 1929
English
Established in 1929, Couzyn, Hertzog & Horak has built a reputation for delivering comprehensive legal services to a diverse clientele across South Africa. The firm's areas of expertise encompass aviation law, commercial finance and banking, commercial law, competition law, constitutional law,...
JC van Wyk and Associates
Durban, South Africa

English
JC van Wyk and Associates is a distinguished law firm based in South Africa, renowned for its comprehensive legal services across various practice areas. The firm's expertise encompasses conveyancing, general and commercial litigation, criminal law, family law, estate planning, notarial services,...
Chris G Attorneys
Empangeni, South Africa

English
Chris G Attorneys, located at 21 Union Street in Empangeni, KwaZulu-Natal, South Africa, is a distinguished law firm specializing in civil law, criminal law, family law, and general legal inquiries. Under the leadership of Attorney Nde Christian Gasarasi, who is admitted to the High Court, the firm...

English
Badenhorst Prokureurs - Attorneys Conveyancers Notaries Inc is a distinguished legal practice based in South Africa, offering a comprehensive suite of services across litigation, property transfers, notarial work, and general legal consultancy. With decades of combined experience, the firm has...

Founded in 2006
English
Jarvis Jacobs Raubenheimer Inc Attorneys is a distinguished South African law firm renowned for its comprehensive legal services and a deep commitment to client success. With a seasoned team of attorneys, the firm provides expert guidance across a broad spectrum of legal fields, including business...
Mtshali and Sishi Inc.
Durban, South Africa

Founded in 2022
English
Mtshali and Sishi Inc., established in 2022, is a 100% black women-owned law firm based in Durban, South Africa. The firm's directors, Makaziwe Mtshali and Lungisile Thulile Sishi, are both graduates of the University of KwaZulu-Natal and admitted attorneys of the High Court of South Africa. They...
VanderSpuy Cape Town
Cape Town, South Africa

Founded in 1995
English
VanderSpuy Cape Town stands as a beacon of legal excellence in South Africa, providing clients with comprehensive services across multiple legal domains. With a strong focus on conveyancing, their meticulous approach ensures smooth property transactions, seamlessly navigating the legal intricacies...
Nefuri Attorneys
Pretoria, South Africa

Founded in 2012
English
Nefuri Attorneys, based in Pretoria, South Africa, offers a comprehensive range of legal services, including personal injury claims, Road Accident Fund claims, divorce proceedings, and human rights-related matters. The firm is dedicated to providing expert legal assistance tailored to the unique...
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South Africa Child Custody Legal Questions answered by Lawyers

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Legal Gaurdianship Appointment
Family
Child Custody
You will need the court approval on the legal guardianship.kindly contact us via: 07026624801 (call)[email protected] 
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
**SJ Law Experts, Islamabad**All matters related to U.S. Immigrant Visa Petitions, USCIS Petition, USCIS Waiver Petition, USCIS Motion, U.S. Returning Resident Visa (SB-1 Visa), U.S. Nonimmigrant Visas, Canada, UK and Schengen States Visa applications and Family Law, Property Law or Corporate Law: Contact SJ Law Experts, Islamabad or Call /WhatsApp at +92 335-411-2288 and email at [email protected]. For more information, visit our Website: www.SJLawExperts.com.Thank youSJ Law Experts, Islamabad [Advocates, Legal Advisors & Immigration Lawyers]
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 

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.