Child Custody Rights – can a father have custody rights over his child?

Child Custody Rights - can a father have custody rights over his child?

Child custody for fathers

In most cases, the court will be more likely to award child custody rights to the mother first if the mother happens to be stable. Should the mother in any event, be a substance abuser, then the father will immediately be awarded child custody rights.

The court will first and foremost, have the child’s best interest at heart. Part of this process is ensuring that the child grows up in a healthy environment. If it is best for the child to live with the father, then that is where the child will be residing at.  Fathers have the following child custody rights towards their children:

  • Contact
  • Care
  • Guardianship and sometimes even
  • Primary caregivers of the child

As previously mentioned, if the mother happens to be unstable with no intention of rehabilitation, then custody rights are automatically awarded to the father. When it comes to child custody battles, there are no grey areas as the children are the center of it all.

For more on child access and visitation rights, fell free to contact our law offices on 021 424 3487 for an online appointment. Alternatively, feel free to email us at [email protected] today for a professional legal consultation.

Family law legal services – divorce, child custody and child maintenance

Our law offices boasts a professional, client friendly environment with free Wi-Fi for our clients. Our services are of a highly reputable, quality nature in which the legal expert will be advising and guiding you through the process.

We take the well-being of our clients very seriously and always try to prepare the best argument in court. When it comes to professional legal drafting, we strive at providing well thought out, cleverly composed legal documents that best reflects what you require.

With that being said, this website makes navigation through our pages less of a problem, and legal information more of a priority. Our professional legal articles contains free, expert legal advice for your convenience.

For more information on the family legal services we offer, feel free to call our offices to make an online appointment for you.

Child custody questions – we can answer them for you!

Thankfully, our home page allows for some audience engagement in which visitors can now post a brief legal question – this section is arranged in its specific legal categories to make questions easier to sift through.

Questions must be kept short and to the point when posting in its relevant sections. The three most commonly dealt family law topics:

  • Child custody
  • Child maintenance
  • Divorce

So go ahead and get posting today!

About the Author

Advocate South Africa

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8 thoughts on “Child Custody Rights – can a father have custody rights over his child?

  1. What do I do with regards to family members of the child’s father woth regards to visitation rights. He has two kids but they always only want to have the bigger one who is theee years old wich is unfare towards the 11 month old brother. They sometimes keep yhe bigger one for a longer period of time stilulated which is slowly breaking the bond between the two and also with me as his mom. What can I do ?

  2. Good day,

    The mother committed adultery, now wants to divorce my brother, they have a 2yr old together. She also has a child (9yrs old) with ex boyfriend. She doesn’t have a stable income due to unstable client database. Her reason for divorce is she can’t cope alone, since my brother started a job in another town to which she gave consent into moving with but to which no prevail. According to witnesses and some proof collected, she leaves the kids with the new lover. Is there a possibility my brother can fight for full custody of his son?

    1. Good day
      Your brother would have to approach the Court and prove that it is in the child’s best interests for him to have full custody. Therefore, it is possible.

  3. Good day

    May a Non-custodial father approach the court to instruct a mother to provide proof of how child maintenance money is spent on the basis that the mother persistently refuses to provide the proof and the father has reason to believe that the mother is misusing the money

    1. Good day
      If you feel that the mother does not need the maintenance for the child, or that you are paying too much, then you can approach the court. However, unless there is an order stating so, you cannot force the mother to show how she uses the money.

  4. Hi
    I have a mediation that is tomorrow at court and it is my child’s father that is taking me to court to get visitation however I move up and down to jhb and durban.
    He has been absent from her life since she was 1year old and now she’s going to be 5.he does drugs and drinks. He hasn’t paid maintenance for 3 years and 7months.
    How do I get the court to see this is not good for my child and she doesnt know him at all.

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