Child Custody for Fathers – South Africa

Child custody for fathers

During our years of experience in dealing with child custody battles, we have found it common for fathers fighting for child custody and wanting to know more about their legal rights. Unfortunately, a father paying child maintenance will not be guaranteed full child custody of a child.

Call us on: 0211110090
Email: [email protected]

For more on father’s rights in child custody, click on the links below and read our free, expert legal advice article on how to go about your legal rights as a father.


Feel free to call our law offices on 021 424 3487, or our national number on 087 701 1124 if you’re residing out of Cape Town. We are conveniently situated in the heart of the buzzing CBD at The Pinnacle, Suit 702, 7th floor, corner of Strand and Burg Street, Cape Town.

Make your online appointment with us today.

Child maintenance procedure in South Africa

Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as:

  • Birth certificate of your child/children.
  • Your identity document.
  • Proof of residence.
  • A divorce settlement.
  • Proof of your monthly income and expenses.
  • The personal details of the parent required to pay maintenance such as their name, surname physical and work address.
  • Copy of your bank statement.
Call us on 0211110090
Email: [email protected]

When undergoing the process of claiming maintenance, you will have to fill in a detailed form stipulated by the Magistrate’s Court. This form shall request all details regarding your income and expenses. The form will cover essential expenses such as clothing, food, medical expenses and other relevant bills. Lighter expenses such as entertainment, pocket money and so forth, are also included in the “expenses” section. Expenses of parents and the child are however, listed separately.

The court however, will take a number of factors into consideration when stipulating the amount of maintenance that should be paid. Both parent’s income will be analyzed and the court’s decision will be based accordingly.

Start calculating today and find out how much you should be receiving or claiming with our free child maintenance calculator.

Grounds for custody

It is often assumed that custody rights would automatically be awarded to the mother but this is not always the case. In some circumstances, the mother may be mentally unstable or she may have an addiction – the court will then award custody to the father. The court takes a number of factors into consideration but the child’s well-being will always be of paramount interest in the court of law.

Call: 0211110090
Email: [email protected]

Find out more about your legal rights regarding child access/child custody, and call our law offices on 021 424 3487 for an online appointment for a legal consultation today.

About the Author

Advocate South Africa

Legal Advisor for Our Lawyer (Pty) Ltd
Call 0211110090
For appointments: https://www.ourlawyer.co.za/advice

2 thoughts on “Child Custody for Fathers – South Africa

  1. Hi there
    I desperately need help with the litigation in a custody battle over my daughter.


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