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Child Custody and Visitation – Cape Town

Custody cases South Africa

Our law offices are situated in the heart of the CBD in a professional, safe settings. We are family legal experts when it comes to handling child custody, divorce and child maintenance legal matters. Throughout our years of experience, we have found that the legal rules for child custody tends to favor the mother, unless the mother happened to be unstable.

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Email: [email protected]

As time passed, the rules have changed and in turn, accommodates for the rights of fathers as well. With different circumstances constantly arising in custody battles; the law have had to adapt under these changing priorities as well. Today, fathers are more aware of their legal rights and make it their duty to educate themselves about their rights.

Our Lawyer Pty Ltd is a professional legal consultancy that offers legal services and to cater for the layman, we have managed to compile a range of child custody legal articles with expert legal advice. Simply click on the links below:

Feel free to call our law offices today and have our friendly receptionist make an online appointment for you. Are you residing out of Cape Town? No problem Simply make use of national number on 087 701 1124 today.

Child custody for fathers

As previously mentioned, child custody rights are usually awarded to the father if the mother happens to be an alcoholic or substance abuser. Times however, have proven that there’s no hard and fast rule when it comes to awarding custody rights. The court will decide within the best interest of the child whilst the Children’s Act will be used as a guideline by legal experts on the way forward.

Call us on 0211110090
Email: [email protected]

At the end of the day, the relationship between the parents plays a crucial role as both parents will need to reach a mutual agreement. A parenting plan is a common way of helping the estranged parents find a common ground. This agreement can be changed along the way as the circumstances or nature of the situation changes. Father however, should have equal access to their child and should be able to have visitation rights as well.

Parental rights in South Africa

The court can grant an order that can limit parental responsibilities and rights, depending on the nature or circumstance of the matter of course. However, when the court does make these changes, they will consider what’s in the child’s best interests.

Call us on: 0211110090
Email: [email protected]

When terminating parental responsibilities and rights, the court will:

  • What is best for the child rather than parents
  • The relationship between the child and guardian
  • The dedication the guardian has shown to taking care of the child and
  • Other factors that may be relevant to the court.

For more on your parental rights and child custody legal advice, call our law offices today and have an online appointment made for you for a professional legal consultation. Connect with us today!

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24 thoughts on “Child Custody and Visitation – Cape Town

  1. Hi, I’m a new mum, I’m 19 years old. My sons father and I have separated, my son is 5 months old and I don’t know how to work visitation out of court because he has asked me not to go to court. I have since we’ve separated allowed him a 2 night sleepover and there after thought it’d be better)(due to the fact of my son only being 5 months old) if he rather spent 2 days in the week at his father (Wednesday and Friday) and one night sleepover on the weekend (Friday night) but I do feel like my son is a bit small and to be spending the night. Would it be unfair of me if I didn’t allow a sleepover?

    1. Good day

      You need to do what is best for the child. This is best done in consultation with the father. If you two cannot come to an agreement, it is best to hear what does a social worker have to say on this issue of contact considering the age of the child and whatever other relevant facts that may be at play.

  2. Hi, the father of my child (6 years old) and I are separated and he’s now in a new relationship. We are still trying to get a mediator to draw up a parenting plan. I’ve made a request that we both make sure our child has no contact with his partner until their relationship gets serious and he pays lobola for her. Am I being unreasonable for asking to keep our love lives away from the child until we both know it’s long term eg. Marriage? He refuses to do this and wants his partner to have a relationship with our child. Our daughter has been affected by our separation and will be starting therapy soon.

  3. Good day. I would like to know what is my legal rights if my daughters father won’t give me any proof of where he is living or working but he wants his daughter for holidays.

  4. The mother of my husband’s son is refusing to give him the child she is threatening to take the child to live with her mum in the farms. We are staying together in Gauteng and he is taking care of the since his birth . What is the first legal step should he take to spend even a weekend with him.

  5. Good day
    I am currently married and have 2 children, and another on the way. I have a daughter born out of wedlock who lives with her mother. I am a shift worker and I am only home one weekend every three weekends. My daughters mother has changed agreed visitation and has demanded my daughter comes to us every second weekend which means I no longer see her. She has advised the court will agree with this as it is is in the best interest of the child. Is the courts concern not of ensuring the child has a relationship with the father and sees the father. I will now not see her at all, as opposed to what I was seeing her, every third weekend when I am off. I work 12 hour shifts and am only home 2 days in a 21 day cycle. I am willing for her to come on these 2 days, which the mother is not in agreement with.

  6. Hi, I would like to know if I who is the step parent of my husband’s daughter can go to court to get visitation rights, in order for his daughter to get to know her siblings, as my husband is to afraid to take this woman to court

    1. Good day
      Yes, it is theoretically possible. The Court would make its decision on what is in the child’s best interests. We advise you discuss this issue with a lawyer.

  7. Good day
    im doing a query on behalf of my husband, His son is 9years old and for 9years he is struggling to see his child, we do not live in the same area but even when he is in the area where the child is, the childs mother is refusing him to see his child, he is paying maintenance monthly and buys whatever they ask within time but yet they refuse to let him see the child. Please advise on what to do it will be highly appreciated. Thank You

    1. Good day
      We advise that he approaches the Children’s Court in the area where the son lives. The court would make a ruling as to what is best for the child.

  8. I just want to find out. My friend is struggling to get a court date for visitation rights. The Head of the Childrens court is his childs grandmother. (Mothers stepmother) so she is holding the case back because his been waiting for a court date. How can he get a court date if she keeps on holding it back and he is paying maintanance but still he is refused and chased like a dog when he wants to see his child…

    1. Good day
      We advise that you approach someone higher up in the court system. You may consider approaching the Department of Justice and lay a complaint. That might get them to give you a date.

  9. Good day, I just wanted legal advice with regards to my daughter. My daughter is 7 year old now and i have not seen her for almost 2 year. I was contributing to her upbringing for the past year however i stopped this year January because i was not given access to playing my fatherly duties. So i wanted to find out what channels can i follow to get visitation rights as i want to be part of my daughter’s life

    Thanks

  10. Im enquiring on a matter that is been going on for a long time now my son of 7 months has been looked after by my sister in law for several months now an i go an visit him after work by my sister in law my ex wife has taken my son away from her an has not told me where he is going to be an who is going to look after him an now i dont get to see my son anymore which is very hard for me to accept an deal with its effecting me in every way aswell this is her third divorce me being the the third guy her previous marraige she has two kids an her ex husband is going through the same thing as me she uses the children as tools to her benifit an lies in court as her husband before me told me there is more to this than what i can put in this email all i would like to know is you could assist me in this matter i would apreciate it tremendously

  11. I’m the mother of the child and I’m 16 years old I’m currently living with my mom and guardian because I was forced to ,the father of my child and I are still in a relationship but we are not aloud to visit each other or anything , the father of my child has been really helpful in taking care of our child ,he visits her everyday for 2 hours and buys her food diapers , milk etc I’m here because my parents won’t allow our daughter to visit her father , I want to apply for visitation rights so that our daughter is allowed to visit her father and not only have him visit her only for 2 hours at our house but for her to visit him at his house

    1. We advise you approach the children’s court and make an application. They would call in the relevant parties and ultimately make an order in the child’s best interests.

  12. Hi there,
    I am looking for a custody to my 3 lovely children i need really a good advice and assistance as father

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