Parental Rights Advocacy, Child Custody Dispute Resolution, Visitation Arrangements, and Legal Representation<\/p>\n","services_content":"","overview":"
In South Africa, child custody, or "care" as it's known under the Children's Act, determines the parent with whom a child will live after a divorce or separation. This may include provisions for visitation or "contact" rights for the non-custodial parent. The best interests of the child are paramount in determining these matters.<\/p>\n","body_intro":"
Child custody refers to the legal and practical relationship between a parent and a child. It determines who has the right to make decisions for the child and where the child will live.<\/p>\n
There are two types of child custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's life, such as education and healthcare. Physical custody refers to where the child lives.<\/p>\n
Child custody is determined by the best interests of the child. This includes factors such as the child's age, health, and relationship with each parent. The court will also consider each parent's ability to provide for the child's physical and emotional needs.<\/p>\n
In South Africa, a child's preference is taken into account when determining child custody, but it is not the only factor. The child's age and maturity level will also be considered, as well as the reasons for their preference.<\/p>\n
Visitation rights refer to the right of a non-custodial parent to spend time with their child. This can include weekends, holidays, and other scheduled times.<\/p>\n
Visitation rights can only be denied in certain circumstances, such as if the non-custodial parent is a danger to the child or if the child is too young to spend time away from the custodial parent. Otherwise, visitation rights are typically granted.<\/p>\n
Child custody arrangements can be changed if there has been a significant change in circumstances, such as a parent relocating or a change in the child's needs. The court will consider whether the proposed change is in the best interests of the child.<\/p>\n","sa_law":"
Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes<\/p>\n