Child Custody In South Africa Legal Guardianship Rights Of Fathers

According to Section 20 of the Children’s Act No 38 of 2005 the biological father, who is married when conceiving his child or children, is the person who possesses complete parental responsibilities and legal child custody rights in South Africa of his child or children. This means that the father, as a consequence of being married to the mother of the child or children or was legally married to the mother at the time that the child or children were conceived or at the time of the child’s or children’s birth or during any time between the child’s or children’s conception and birth, has legal child custody rights to his child or children. If the father and mother of the children or child get divorced and are finally and legally divorced, then the biological married fathers of the child or children, at that time, have the following legal custody rights of their child or children that were conceived during that marriage.

The father has the legal right to contact, care and to provide related guardianship of his child or children. This means that legally the biological fathers of their child or children can legally become the main care givers of their own child or children. Furthermore, the child or children are also legally allowed to stay with their father at his home or residence as this fathers custody guardianship right can be awarded to the father by the courts, especially if it has been proved, beyond any reasonable doubt, that the mother of the child or children is an alcoholic or a substance abuser of any kind and who has no motivation or chance of being rehabilitated. Up until the period of the nineteen ninety’s’ fathers were legally considered not to be as competent, efficient and effective, when it came to providing primary care for small babies or very young child or children.

Today that mind-set has been legally changed. This means that currently fathers are legally allowed to and are regarded as adequately competent to provide primary care for their child or children when they are babies, toddlers and during their teenage years. In fact the legal system and the courts regard fathers equally capable of primary care on the same level and extent to which mothers can provide this primary care, especially of babies and young children. Even if the courts find that it is not in the best interests of the child or children to live with their biological father, the father still has the legal custodial guardianship right to contact and have access to his child and or children after the father and mother of those children have legally settled an agreement that would be in the best interests of their child and or children.

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.