Is it possible for an unmarried father to obtain full custody of a 10-year-old child and not the mother? – A simplified family lawyer’s perspective. By Advocate Muhammad Abduroaf There is a common misconception that if a child was born out of wedlock; only the mother can be the primary caregiver of the child concerned. This may however generally be the case. However, it is presumed by some that if a mother cared for the child since his or her birth, the father would not be able to be the child’s primary caregiver. In other words, the child would always live with the mother, and never with the father. We do not blame our clients for thinking so. That is the stereotype. As the world changes, so does the law. The popular scenario regarding single parenting? We are often approached by fathers who have a child that was born out I want to learn more
Can technology be used to have me divorced online? I do not want to go to court or see my spouse again. Is an online divorce possible? When a marriage breaks down, people naturally would want information on the topic of divorces and the legal process. For this, they usually go online to find answers. This information they seek could include, how divorces works, the process and how long it takes. Of course, if there are minor children involved, parents would want to know what the parental rights and responsibilities are as well. This relates to issues of care, contact, child maintenance etc. Then there is the issue of proprietary rights. In other words who gets what assets or money if there is a joint estate. This article, however, deals with the issue regarding whether or not a couple’s divorce can be done online? Two main aspects of a divorce I want to learn more
Relocation of Minor Children and Passport Consent Issues – Videos by Advocate Muhammad Abduroaf If you are a co-holder of parental responsibilities and rights, you should consent to a minor child obtaining a passport and for the minor child to leave the Republic of South Africa. Watch the videos below by Advocate Muhammad Abduroaf dealing with the issues.
Parental Rights of Divorced Muslim parents who were only married in terms of Muslim Rights (Updated) When Muslim parents divorce, either via a Talak or Faskh, there remains the unresolved issue of their respective parental rights and responsibilities to their children. In other words, with whom should the child reside, and what type of visitation rights should the other parent have? Then there is the issue of child maintenance, parental guardianship consent and so on. Parents married in terms of South African civil law have the advantage of having the civil divorce court deal with the issue of access (contact) and custody (care). The civil divorce court is obliged to do this before pronouncing a final decree of divorce. This is however not the case of a Talak or Faskh. As you would see later, we suggest that Muslim divorced parents enter into a parenting plan. Divorced Muslim Fathers’ parental I want to learn more