Child Custody Lawyer

Your First Priority, Always

Going through a divorce will always be tough. The results of it will all come down to how strong your case held up in court. If you were lucky enough to get an uncontested divorce, you will still have to deal with a loss of assets and everything connected to them. Sadly, children are involved in the divorce as well, and this is where you will need a proper divorce and child custody lawyer to help you through it.

In South Africa, the law states that the best interest of the child is of utmost importance, and this should determine who gets custody over them. There are two types of child custody that can result from a divorce. Custody is instituted this way to protect the children. Both types have legal implications and rules to keep the children in a safe environment, and away from any harm that might be caused by an abusive parent, both physically and emotionally. Let’s discuss these two outcomes.

Sole Custody

Sole custody refers to one parent being granted full legal and physical custody rights of their children, while the other parent is still entitled to access and visitation, being in a supervised environment most of the time and adhering to the preferences of the parent that was granted sole custody. The custodial parent is now exclusively responsible for their children regarding the decisions, upbringing, and care for them.

Courts in South Africa are often hesitant to grant sole custody, since it is better for a child to grow up knowing both their parents, instead of just one. Sometimes, the court grants sole custody on the grounds of one parent being abusive, or being declared unfit to be a parent because of several reasons. In the end, sole custody is a rarity that can be avoided if both parents are committed to raising their children in a safe and prosperous environment, despite being divorced.

Joint Custody

Physical and legal custody over a child is awarded to both parents in this case. This means that the children have a right to live with either parent in the sense of physical custody, and the parents share the responsibility of decisions, care-taking, and upbringing in the sense of legal custody. Legal custody also includes aspects like language mediums, education, and even the religion of their children being decided by the custodial parents.

Being granted joint custody, means that both parents must commit to the physical aspect of custody rights by spending equal periods of time with their children. The role of the absent parent should disappear, and the children should benefit from spending time with both parents. Ideally, this is what joint custody should come down to in a perfect world.

In some cases, joint legal custody might be granted to both parents, but only one parent gets physical custody over the children. This situation leaves the children with only one permanent home, instead of two, while both parents are still responsible for their children on a legal basis. Since people are unique and different to one another, a situation like this might prove to be beneficial for both parents and their children.

On the other side of the coin, joint physical custody means that the children would effectively have two permanent homes. This can be the cause of unwanted stress on the children, if the parents can’t seem to manage it properly themselves, causing even bigger problems as everything is forced down on the children, instead of the parents, since they are already divorced.

This is where we should look back to the divorce. If you have the right divorce and child custody lawyer on your side during that process, you might be able to save your children from any negative situations in their immediate future. Savage Hurter Attorneys will be more than willing to help you through the process of divorce and child custody with professional lawyers that can assist you with any legal matters you might face.

Contact us today for any legal enquiries you might have regarding family law, child custody, or any other legal matter you need assistance with. We look forward to being of service, and making this difficult time just a little bit easier.




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