Child Custody In South Africa Abandonment Of Children And Fathers Custody Rights

One of the many pressing situations and questions asked by both mothers and fathers who are legally divorced and have agreed on a legally acceptable child custody settlement, is whether the mother of the child or children has any say after the father of the child or children has abandoned the child or children for a number of years and whether the mother is allowed to deny the father access to the children because of the lengthy abandonment. What the courts will do or decide is to introduce gradual or the phasing in of the father’s custody rights to his child or children after he has abandoned them for a lengthy period of time. The aim of gradually introducing the child or children to visitation sessions with their father is in the best interests of the child or children, as it reduces the traumatic effects that the child or children will experience.

This trauma occurs because their father would appear to them as a complete stranger at first, especially if the children are very young and then become accustomed to him slowly over a period of time. What usually happens in these cases of gradual introduction of the father back into the lives of his child or children is that a psychologist or psychiatrist is recommended by the courts to assist the guardians, if this is acceptable to both the mother and father. On occasion, depending on the type of relationship that the child or children have with their biological father, the courts might not grant access or custody visitation rights to the father to be able to access or see his child or children because of the fact that the father has not seen or purposely abandoned seeing or visiting his child or children.

The decision made by the courts with regards to the abandonment of the children by the biological father depends on each case and the respective facts brought to light and whether or not the decision is to grant the father custody rights or not. That all being said, it is often the case that the South African courts will choose to leave the father’s custody rights open and usually after prescribed conditions have been stipulated and legalised by the courts. An example of such a prescribed condition could be that both the biological mother and father commit to related counselling or mediation. Once this or other respective prescribed conditions have been met then the fathers custody rights and mothers custody rights will become effective and active.

Visit http://ivanzartzattorneys.co.za/child-custody/ to contact him and his attorneys in Johannesburg to solve your child custody issues.

To learn more about the legal advice provided by divorce attorney Ivan Zartz regarding guardianship and parenting planes visit this link Child Custody In South Africa.