Parental Rights Advocacy, Child Custody Dispute Resolution, Visitation Arrangements, and Legal Representation
In South Africa, child custody, or what is referred to as "care" according to the Children's Act, establishes the parent with whom a child will reside following a divorce or separation. The non-custodial parent may also be granted visitation or "contact" rights. The primary consideration in making these decisions is the utmost importance of the child's well-being.
Child custody refers to the legal and practical relationship between a parent and a child. It determines who has the right to make decisions for the child and where the child will live.
There are two types of child custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's life, such as education and healthcare. Physical custody refers to where the child lives.
Child custody is determined by the best interests of the child. This includes factors such as the child's age, health, and relationship with each parent. The court will also consider each parent's ability to provide for the child's physical and emotional needs.
In South Africa, a child's preference is taken into account when determining child custody, but it is not the only factor. The child's age and maturity level will also be considered, as well as the reasons for their preference.
Visitation rights refer to the right of a non-custodial parent to spend time with their child. This can include weekends, holidays, and other scheduled times.
Visitation rights can only be denied in certain circumstances, such as if the non-custodial parent is a danger to the child or if the child is too young to spend time away from the custodial parent. Otherwise, visitation rights are typically granted.
Child custody arrangements can be changed if there has been a significant change in circumstances, such as a parent relocating or a change in the child's needs. The court will consider whether the proposed change is in the best interests of the child.
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