Child Custody In South Africa The Parenting Plan And Fathers Custody Rights

All fathers and mothers should know that according to the law one of the parental plan responsibilities that a divorced father will enjoy is that he will still possess guardianship over his child or children. An example of this type of responsibility would be when the child or children reach the stage where they would require the father’s consent to get married. This is obviously if the child or children are underage, meaning that they are younger than twenty one years of age. Children under age will need the father’s consent to get married and this aspect is legally part of a father’s custody rights and forms part of the related parenting plan for his children. That being said, when it comes to the definition of an unmarried father, Section 21 of the Children’s Act stipulates certain conditions under which the father is assigned full parental plan responsibilities and a fathers custody rights over his child or children.

The situations in which the father has these rights are as follows, quote “If at the time of the child’s birth he is living with the mother in a permanent life-partnership or if the father, regardless of whether he has lived or is living with the mother, consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father (i.e. if the court confirms his paternity) or pay damages in terms of customary law. The father contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period and contributes or has attempted in good faith to contribute towards expenses in connection with maintenance of the child for a reasonable period. If there is a dispute between the biological father referred to in sub- section (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in sub-section (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person” end quote.

Both mothers and fathers need to be aware of the fact that the parental plan rights or guardianship rights of a divorced biological father and of a separated unmarried father are exactly the same as quoted and detailed above. Both the mother and the father possess and can enjoy the custody rights and parental plan responsibilities of contact, access, care and guardianship over their child or children. In these situations the best interests of the children or child will always come first. According to the law, both fathers and mothers need to realise that if no maintenance is or has not been paid, this does not prevent the father or mother contact or custody rights over their child 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.