The father will have to pay the mother maintenance but this will all be decided by an attorney or in the court when the fathers visitation rights and child custody law is taken into account. Everything has to be done the legal way, if you go around the law you are just looking for trouble and it could jeopardize your chances to spend more time with your children because the court will find out. Going the legal route is best for all the parties involved so that trouble can be avoided at all costs.

If the dads don’t have custody of their children, they need to make arrangements and decide when will be the best time for the kids to go to him and if it is possible for them to see him during the week too. Just to be on the safe side, you may want to have your attorney present at all times when discussing such issues with your ex. An agreement has to be made on maintenance paid too so that not only the parent with custody has to fork out all the money for the children after the divorce. Fathers visitation rights and child custody is important to take note of.

So if you want advice for child custody rights for parents in SA, know that throughout the process your actions as a mother or father concern primarily the interests of your children. Another thing that you have to remember: do not avoid the assistance of an attorney. These legal attorneys are professionals and they understand the situation much better than you do and they will also be able to assess these situations and not become emotionally involved. It is also important that you as parents are both there. This is not about you and your spouse. It is about your children.

Divorce can and will create tension, and this does not mean that you have to keep your kids away from your spouse. Children should visit both parents, but both parents have to contribute to their regular maintenance fees. It will be the court who will decide who the young ones go home with at the end of the day.

Your lawyer will be able to present all reasons why you should have custody, but in the end the decision belongs to the judge. The decision he makes becomes a binding decision and should be followed. That is the law. It is important that you know what your child custody rights for parents in SA are if you want a better understanding of how the justice wheel turns.

Many people think that South African divorce laws provide insufficient cover for maintenance for children. Often in a broken marriage kids pick sides and would prefer to live with one parent over another. This does not mean that the mom or dad is best suited to raise children, and in fact the court recognises this. The magistrate or judge who deals with your case will assess the conditions of your separation, and will decide on the best route for all concerned. Although sometimes what is legal may seem like the completely incorrect thing to do it is not without logic and reason which is sometimes difficult for couples undergoing a divorce to mark out.

A broken marriage is extremely painful, and unfortunately this aspect of the separation process is not sufficiently recognised in a court. If you are planning on leaving your spouse, pursue the legal route but also make a space for yourself to attend counselling so that you can be the best parent possible. Do yourself a favour in the mean time and find out your rights in terms of divorce law and where the different courts are situated in Cape Town, Johannesburg, Durban, Port Elizabeth and throughout South Africa.

You have to want to go into joint custody for the right reasons; not to get back at your ex and not to minimize the amount of maintenance you have to pay, joint custody in South Africa is serious and if both parents are capable of looking after the kids then you have to come to an agreement with your attorneys. Divorce is never easy on children, and the worst thing you can do is let them choose which parent they want to stay with. Once you have come to a decision, explain the visitation to them and tell them they will see their mommy or daddy so many times during the week.

Your children might be born out of wedlock, or even not; there are still rights that both parents have and they are entitled to them unless the judge of the court says otherwise. The parent that does not have guardianship should be allowed to see their children whenever it suits both parents and children best.

In South Africa, it is not advisable for a woman to have children without being married, because rights regarding child custody are extremely patriarchal and insensitive. When kids are born out of wedlock they are immediately assigned the surname of their father, and this stands against women in court. A divorce is never easy for either parent, and it certainly isn’t easy for the children. It is always best to talk with your children about where they will live, what guardianship means and how visitation might work. It is not always easy for a mother or father to spend time together after the event, which makes this even more difficult. It is thus essential that you seek the advice of a lawyer before you pursue any sort of action against your partner.

A divorce is not an easy thing, but staying married to the wrong person is not better. Remember that although you may be a mother or father, you are also a person with your own needs which must have some priority in your life. It is difficult to get maintenance from a parent who will not pay which is why finding a lawyer and getting their advice is essential, particularly about the rights regarding child custody.

The children should see a psychiatrist, even if they seem to be fine, as those who are professionally and continuously helping children affected during a divorce say that some children, young kids especially, bottle up all their feelings until they explode, which will be ten times worse and cause long term effects, almost impossible to heal. A broken home has all sorts of short term effects on kids too, from disobedience to self-harm in the older kids, so it is something you want to see to right away, before it gets that bad. They might not be keen on seeing a psychiatrist, but you have to encourage them to do so, it is vital that they get the help they need.

The children will learn to understand that relationships don’t always work out when they get older and they experience things for themselves, but now, when they are young and learn that their parents are separating, it is difficult for them. The part that is the worst normally, is when they have to live with one parent only, when their whole lives they grew up with both parents. The worst thing you can do to a child is make them choose who to live with; do not leave them with the responsibility of choosing one parent over the other. Helping children affected during a divorce begins there, they need to talk and be told that it’s not their fault, not be expected to choose.

If you would like to know how much maintenance your ex has to pay for the kids, you should find out more about the parents rights in SA for custody of children. The law always knows best, and if anyone is unable to abide by what they say, the matter can be taken further and they can get into a lot of trouble for it. Whether the children stay with the mother or father might be up to the law to decide, and they will take everything into consideration when they make this decision. The parent that does not have custody will have to pay a certain amount of maintenance for the children per month, but the attorney will tell you all about this.

Putting children through divorce is one of the worst things parents can do, but in most cases it is in the best interests of the children when their parents separate. The legal way is the way to go, so don’t do anything until you have spoken with your lawyer about the matter. Parents rights in SA for custody of children is important for all parents to remember, they might be in the wrong without even knowing it.

The first thing that you should know about South African child custody laws is that they become increasingly difficult to navigate if your children are born out of wedlock. At present there is no common law marriage legislation, and in these cases the legal system often favours the mother in custody rights battles. This patriarchal backlash is slowly being eroded however; as is the perception that only a mother can raise a child. Knowing your rights as a mother or father can help you to protect your children. It is worth getting legal advice so that you create a situation that is favourable to both your own and your children’s needs.

If you would like to allow your former partner to have visitation rights, or share custody (joint guardianship) then this is something worth fighting for. Not all divorces need to be messy and uncomfortable. Some parents simply split up because it is the best thing for them. If you are planning on getting separated or divorced and would like legal advice there are many pro-bono legal centres around South Africa that can provide you with the assistance you need. They can also help to clarify the South African child custody laws.

Maternity leave law and common benefits are different for some employees and the list of these employees is noted in the Basic Conditions of Employment Act. These include members of the South African Secret Service, the National Intelligence Agency and or the National Defence force. Other workers who are not entitled to these benefits include unpaid volunteers working for charity. If you are employed in one of these fields it is important to approach your employer in order to negotiate leave that is acceptable for both you and them. Pregnant women are protected by the law, as are employers. If any disputes occur the Department of Labour should be approached as soon as possible to try and solve the issue.

It is very important to note that this law also stipulates that mothers who work in dangerous conditions (for example in a mine, or chemical factory) may not perform the job if it is unsafe for the unborn child. If you are involved in a dangerous industry it is important to be aware of maternity leave law and common benefits so that you and your baby are protected and supported.

The first thing to try and remember about child custody rights for parents in SA is that most children need both their mother and their father. Divorce can create tension between parents, but this need not translate into withholding your children from your ex. Children should be able to visit both parents, and both parents should contribute to the maintenance of the child. In most cases the court will decide which parent should have custody. Your attorney can help you to present reasons why you feel you should have custody. Whatever decisions the judge makes, this is a binding legal decision and should be abided by – just like any other law.

Going through the correct legal channels can ensure that your child is protected. That is the most important thing to try and achieve during divorce hearings. The judge will make recommendations for how maintenance should be paid and will make the time that the mother and father can spend with the child. Child custody rights for parents in SA are complicated, so it’s best to seek out an attorney or legal professional to help you to understand.