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Child Custody – Articles and Posts

Child Custody – Articles and Posts

Kindly view articles and posts on Child Custody. Should you wish to set up a consultation with us for legal advice on any child custody topic or issue; feel free to contact us on 0211110090. You may also click on this appointment link and do it online.

Family Law Questions and Answers

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Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

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Child custody - What fathers should know - Cape Town South Africa

Child custody – What fathers should know – Cape Town South Africa

How much child maintenance should fathers pay? At our law offices, we are often confronted with this question which is why we have introduced our child maintenance calculator. This legal product is mostly for our mothers who are unsure of how much child support they should be receiving from the father. Do not despair. We know that all of this can be pretty daunting for the first time fathers learning about child support. With that being said, we have put together some professional, free online legal services for our single fathers. Feel free to click on the following links below for some expert advice: How to Apply for Child Maintenance at Court - Step by Step Guide and Advice Child Maintenance Question. How much should I pay or contribute as a parent? Child Support or maintenance claims. Does an unemployed father pay? Non-compliance with Maintenance Orders — Civil and Criminal Remedies Tricks and tips on how to win your child maintenance case Are you interested in any of our legal services? Do feel free to contact our law offices on 021 424 3487 for an online appointment for a professional legal consultation today. Our law offices are situated in the heart ...

What does it mean when you have primary residential custody?

Family Law Legal services - Child custody, divorce and child maintenance Our family law consultancy have a range of family law legal services for your convenience. Our specialized legal services are child maintenance, child custody and divorce. To top it off, we are situated in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street, Cape Town, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Our specialized legal services are: Child Maintenance Ante-nuptial Contact Change Matrimonial Property Regime Child Adoption Child Custody and Access Domestic Violence Protection Family Trust Registration Fast Unopposed Divorces Non-Compliance with maintenance orders Parenting Plans Postnuptial Contract Registration Pre-nikkah Agreement Should any of the above legal services interest you, feel free to call our offices on 021 424 3487 and have our receptionist make an online appointment for you. Child custody and legal advice… Like any other family legal matter, child custody involves a number of factors. When it comes to the legal aspect, the Children’s Act is used as a guideline on how to go about parental legal rights. We’ve found ...
How to get custody over your child?

Child custody disputes. What are mothers and fathers’ rights when it comes to custody over their child?

What are child custody disputes? Read some questions and answer from mother and father. Child custody disputes are one aspect of family law that keeps both lawyers and the courts busy. Although child custody disputes may seem simple in the eyes of the outside observer, it is not always so for the parties involved.  Parents care much more for their children than they do for worldly things.  Therefore, should they experience problems concerning their children, it often causes a lot of anxiety and stress. Below are some questions mothers and fathers usually pose online when it comes to child custody disputes. Feel free to pose your questions below. What are the rights of an unmarried father to his children? Fathers of children born out of wedlock do not automatically have rights towards their children. For you to form part of such a child’s life you need to fulfil the requirements of section 21 of the Children’s Act, which in short states: At the time of the child’s birth, you are living with the mother in a permanent life-partnership; and You contribute or have attempted in good faith to contribute to the child’s upbringing for a reasonable period; You contribute or ...
How to win child custody cases, tips and tricks

How to win your child custody and access court case – Tips and Tricks

How to win your child custody (care) and access (contact) court case - Tips and Tricks Purchase a Consultation with us from our Online Shop, by clicking here. Legal matters concerning children are never simple. There is no manual that one can pull out for answers. This is so because all matters concerning a child are different. This is where the wisdom of experts becomes of use. What follows are some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience on family law, divorce, child custody and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the child custody court process. Visit here for tips and tricks on how to win your child maintenance case. All families are different, with their own dynamics, challenges and issues. A 10-year-old child in one case with living conditions, parents, siblings and mental development would be different than that of another child. All that one has to work with is the concept of a child’s best interests. That is the challenge. How do you determine what is ...
Appeal Child Custody High Court or Magistrates' Court Order

I feel that the High Court granted an unfair child custody order. Is there anything I can do to challenge the Court’s decision?

Can a parent appeal a child custody order granted by the High Court or Children’s Court? In resolving disputes regarding child custody or guardianship (parental rights and responsibilities) matters, a court will usually be approached. The court is also the upper guardian of all minor children within its area of jurisdiction. A parent or interested party may approach the Children’s Court or the High Court when it comes to parental rights regarding a minor child. The High Court, however, has greater jurisdiction when it relates to issues associated with guardianship rights. As demonstrated below, the courts’ decisions may be reviewed by a higher court. However, before approaching the court, the parties should first try to resolve the matter through entering into a parenting plan. How are child custody court proceedings initiated? A parent or interested party would make an application to the court. In the High Court, this would be done with a Notice of Motion and Founding Affidavit, served on the other parent or interested party. An interested party would be someone who cares for the child or significantly forms part of the child’s life. For example, a step-parent, grandparent, or aunt. Once the founding papers are served, the ...

Child Custody Disputes – What are my rights? Advocate Muhammad Abduroaf

I am involved in a Child Custody dispute. How do you find out my rights? A child custody dispute refers to a legal disagreement between parents or guardians regarding the custody or care of a child. This could involve issues such as where the child will live, visitation rights, and decision-making authority concerning the child's upbringing. The resolution of child custody disputes is typically guided by the best interests of the child and may involve legal proceedings to determine custody arrangements. Getting Legal Assistance with your child custody dispute If you require legal assistance or representation with your child custody dispute, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters ...

Gain child custody – Cape Town

Child Custody Law in South Africa What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth. Sole Guardianship Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should ...
Muhammad Abduroaf - Senior Family Law Advocate - Cape Town South Africa - Best advice

How do I find the best Child Custody Advocate for my case

I require a law firm to assist me in my Child Custody matter. What are your contact details? If you require an Advocate Law Firm to assist you in your legal matter, feel free to contact us using the following details: Tel.: 021 111 0090 Email.: [email protected] We service clients throughout South Africa. These include: Cape Town Rustenburg Kimberley East London Nelspruit Polokwane Pietermaritzburg Bloemfontein Port Elizabeth Pretoria Durban Johannesburg ...
Paternity Disputes and Testing and the law

Paternity Disputes and Scientific DNA Testing – Children Matters (Maintenance and Custody)

Paternity disputes and Scientific DNA Testing in Child Legal Matters Paternity disputes are not uncommon in our courts of law. What sparks them varies, however, all disputes are messy. For one, the mere allegation that he is not the father of the child may directly or indirectly affect the dignity of the mother, and that of the child. In other words, it is suggested that she had more than one sexual partner at the time, and the child was born from such a relationship. Nonetheless, the issue can speedily be resolved through scientific DNA testing. Paternity - Legal Settings There are two common legal settings where a parent (or alleged parent) would dispute paternity. The one would be in a child maintenance dispute, where the father alleges that he is not the biological father of the child, and therefore cannot be ordered to pay child maintenance. The other situation would be in a child custody or visitation dispute. Here the mother would allege that the man is not the father, or he denies paternity. Paternity Dispute Scenarios There are other scenarios where paternity can become an issue. One would be in the case of inheritance. A parent would allege that ...
Child Custody Services

Child Custody / Visitation / Access Questions and Answers

Child Custody / Visitation / Access Questions and Answers We introduced this Child Custody / Visitation / Access Questions and Answers page for you to post questions you may have on the topic. For example, if you want to know if you are entitled to custody, pose a question with some background facts. At the same time, should you be able to assist others who posted questions below, requiring some advice on Child Custody / Visitation / Access, please proceed and reply to their comments. In that manner, we would all be able to assist each other and increase our online knowledge base. Therefore, although we a are legal consultancy, specialising in family law, you may have problems or experiences that we have not encountered. Let us share in our knowledge of Child Custody / Visitation / Access. We are conveniently located in the Pinnacle Building, in the Cape Town CBD. Click here to call us on (021) 4243487 or send us an email. Other family law resources on this website There are various other family law resources on this website that you may find useful. For example, there is a downloadable child maintenance calculator. The resources may assist you ...
Advocate Muhammad Abduroaf - Litigation Lawyer, South Africa (Tought fighting lawyer) - Polokwane

How do I find the best child custody lawyer, attorney or advocate for my case in Polokwane

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Polokwane? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Polokwane, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...
Advocate Muhammad Abduroaf - Litigation Lawyer, South Africa (Tought fighting lawyer) - Cape Town

How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Plettenberg Bay, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a ...

Child Custody – Frequently Asked Questions and Answers – Cape Town

Frequently Asked Questions on Child Custody - Cape Town We hold a wealth of knowledge on family legal matters, in relation to South African law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through the question and answers below. Should you not find the answer to a child custody question you are looking for, feel free to post your divorce question here. For more questions on child custody, visit this page. Can you change the baby's last name without the father's consent? No, you require his consent. If he does not want to give consent, then you may approach a court of law. This answer is based on the presumption that the father has parental responsibilities and rights over the child. Do I have parental rights if I am not on the birth certificate? Yes, it is possible that you have. How do you change your last name on your birth certificate? You need to apply to the Department of Home Affairs. How do I apply for child maintenance in South Africa? You should approach the maintenance court. Can you change your child's surname? Yes, you can. Both parents should consent. How ...
I am looking for a child custody attorney or advocate in South Africa - Advocate Muhammad Abduroaf - Best family lawyers attorneys South Africa

Advcoate Muhammad Abduroaf – Family Law South Africa – Child Custody Lawyer

Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...
Advocate Muhammad Abduroaf - Litigation Lawyer, South Africa (Tought fighting lawyer) - Nelspruit

How do I find the best child custody lawyer, attorney or advocate for my case in Nelspruit

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Nelspruit? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Nelspruit, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...
Legal Questions and Answers South Africa Advocate Muhammad Abduroaf 

I am looking for the best child custody lawyer in South Africa for my case

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Johannesburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult ...

Child Custody – Legal Advice and the Children’s Act

Child custody legal advice and services Child custody is a complex legal matter as it involves a number of factors to consider when handling a child custody case. Judging from our years of experience, we found that the parents involved often lose track of the bigger picture while emotions override. At our law offices, our job is to help parties involved keep a level head form a legal perspective and guide them as to what will be the best way forward. Sometimes a matter has been blown out of proportion while the parties involved often expect us to perform miracles – this is not how it works in the world of law. We have found that executing our legal expertise can become a very complicated ordeal when there is little co-operation. It is however, essential to highlight that the main responsibility of the family legal expert is to advise and guide you with the best way forward from a legal standpoint. The Children’s Act 38 of 2005 – child access to grandparents In doing so, we have constructed a number of family legal articles containing free, expert legal advice. We have used the common issues potential clients come to us ...
What happens in a custody dispute where one parent is mentally ill?

What happens in a custody dispute where one parent is mentally ill?

Parents with Psychiatric disorders No parent is perfect. And no one can help it if they suffer from some psychological disorder. However, when it comes to parenting, mental health does play a role regarding the issue of child custody. In other words, a parent with a psychological disorder would find it hard to be a child's primary care giver, if the child would best be cared for by the other parent. This is assuming that the other parent in this case is capable of caring for the child. This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. When should you consult with a lawyer? Seeing that you are dealing with parental rights and responsibilities, it is best to first try to resolve issues with the other parent. If that does not work, then try mediation. Should that still not work, see a lawyer who would advise you on what would be best for you and your child. If need be, a Court application would have ...
Does the abuse of alcohol affect the outcome of a child custody case?

Questions parents ask in child custody disputes. What they want to know.

Questions parents ask in child custody disputes. What are some of the difficulties parents face when dealing with child custody issues and problems? When parents have issues and difficulties regarding their parental responsibilities and rights, they often go online for answers. These issues can relate to contact rights or guardianship issues. One parent may want to have more contact, and the other parent refuses such a request. Or a parent wants to relocate with a minor child, and the other parent refuses guardianship consent. Whatever the issues are, they need to be resolved in the child’s best interests. Read on for some interesting questions parents ask online. Does the abuse of alcohol affect the outcome of a child custody case? Abusing alcohol is very dangerous. Not only for you but for your relationship and parenting as well. If a parent abuses alcohol in the presence of a child, then the child is in danger, or at the very least, in a potential neglectful situation. If both parents abuse alcohol, then the case is much more serious and social welfare needs to get involved. On the issue of a child custody case, the abuse of alcohol is material and would play ...
Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say?

Our only daughter is deceased. Can the Court give us sole custody and guardianship over our only grandchild, even if the father is still alive? What does the law say?

Grandparent, Grandchildren, and the Law - Child Custody, Care and Guardianship The caregiving of minor children is in principle, supposed to be the joint responsibility of both parents. It took two parents to bring the child into this world. However, equal sharing of the responsibilities is not always the case. Often, in a case of separation, responsibilities changes. The child lives primarily with one parent, and the other parent has reasonable contact, or sometimes less or none. In the scenario of reasonable contact, the child is still cared for by both parents, but not equally. Read on more to find out what does Advocate Muhammad Abduroaf say about this topic. Equal caregiving of children There are however cases where caregiving is shared equally - where the child lives for one week with the mother and the other with the father. But that becomes sometimes impractical when the parents live far from each other, and have different work schedules etc. If the child attends school closer to one parent’s home, he would have to wake up at different times each week, have different parents assist them with school work etc. However, if it can work, and is in the best interests ...
Parents with mental illness and child custody

Child Custody and Parents with Mental Illnesses

Parents with Mental illnesses in child custody and care matters in South Africa Biological parents are the ones who have parental responsibilities and rights over their children. Not grandparents, aunts, uncles and so on. Parental responsibilities and rights refer to caring, maintaining and acting as guardian for the child, to mention a few. Mothers automatically have parental responsibilities and rights of care, contact and guardianship, and fathers may either have it or acquire it. This depends on the facts of the case. The obligation to maintain your child however always applies. Various factors are looked at when deciding what is best for a child Having said the above, how parents exercise their parental responsibilities and rights would differ from case to case, especially if the parents are not living together. In such a case, various factors and circumstances will be looked at in determining what is best for the child. As would be seen later, in the case of a dispute in relation to how separated and divorced parents should exercise care and contact, expert advice needs to be considered. What this article deals with is how to resolve the issue of parental responsibilities and rights of care and contact ...
Advocate Muhammad Abduroaf Attorney Appeal Constitutional Court Supreme Court 

Advcoate Muhammad Abduroaf – Family Law South Africa – Child Custody

Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, Advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...

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