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.
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.
- Child custody visitation access- questions and answers
- Child custody frequently asked questions
- Father refused contact to his child. What are his rights?
- Father’s parental responsibilities and rights to his child.
- How do I get full custody over my child?
- Parental child abuse in custody cases- Cape Town
- What does it mean when you have primary residential custody?
- What happens in a case custody dispute when one parent is mentally ill?
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.
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.
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.