Are You In Need of a Custody Attorney?
Are you considering a divorce or have you recently started divorce proceedings? If you are one of many parents going through the emotional turmoil of separating from a spouse, there is no doubt that your children are your top priority.
When it comes to securing custody or even negotiating a custody agreement, it is vital to have a skilled custody attorney on your side. One who is able to argue your side eloquently while making sure that the law works not only favour of you, but in favour of the interests of the child. Because as many legal professionals have heard and often recited: the interest of the child is paramount. This is echoed firmly by section 7 of the Children’s Act.
While many attorneys may not be able to see beyond numbers and statutes, our custody attorneys focus on helping families remain as whole as possible while maintaining the safety of the child.
Forms of Custody
This is the most common form of custody awarded in South Africa, and one that a custody attorney is more than likely to ask for unless the other parent is not fit for the job. However, this could cause stress to the child who has to split their time between two homes. The ideal arrangement for South African courts is to award joint custody but make a ruling regarding where the child gets to live.
Physical / Sole Custody
This is when one parent is given full custody of the child with the other often either being granted visitation rights or no access at all, depending on the circumstances of the case. The courts do not take granting sole custody very lightly, as this does infringe on the rights of the other parent, and there should be just reasons for awarding such an agreement.
What Influences Custody?
Let’s take a quick look at the factors that a custody attorney will take into account when assessing your case:
- There is a need to maintain a bond between the child and both parents
- The safety of the child
- The interests of the child’s identity, language and culture
- Whether the parents will be able to cooperate as co-parents
- The risk of the child being alienated from other family groups such as aunts and uncles
If you are in need of expert advice regarding custody and the law surrounding it, please reach out to us and we can put you in touch with one of our skilled practitioners across South Africa including Durban, Johannesburg and Cape Town. When it comes to shielding your child from the trauma of a divorce and making the transition into a split family easier, we can find the right fit for your situation. Responses within 60 minutes!
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