Who Gets Custody of Child in Divorce South Africa
What is divorce?
Divorce is the legal termination of a marital relationship between a husband and wife of two people by a court of law or other competent body.
What is the main causes of divorce?
There are four most common causes of divorce:
1. Conflict, arguing or irretrievable breakdown in the relationship
2. Lack of commitment
3. Infidelity/ extramarital affairs
4. Lack of physical intimacy/ distance in the relationship
Who gets custody of child in divorce South Africa?
The South African courts of law of usually grants custody to both parents in as part of the divorce agreement.
On what grounds can a mother lose custody in South Africa?
A mother case lose custody of a child on the basis of physical abuse, verbal abuse, sexual abuse and drug abuse.
Can a father get full custody of his child?
A father can get full custody if he can prove that it would be in the child’s best interests.
In what cases do fathers get custody?
The father may be granted custody if the mother decides to renounce custody of the child.
What age can a child decide which parent to live with in South Africa?
There is no set age in South African Law that states that a child under 18 can make a decision on which parent to live according to Breg Moodley Attorneys.
What does it mean to have 50 50 custody?
This means that the child resides with both parents most of the time and both parents have a joint custody of the child’s life.
Do I have to pay child support if I have 50 50 custody?
A parent that has a higher income than the other parent may have to pay more towards the child’s expense. For instance school fees.
