Specialists in Civil Litigation, Family Law, Corporate and Commercial Law, Estate Planning & Insolvency.
Gender biases and preconceived gender norms are some of the issues that complicate fathers properly exercising their rights. Any father who is denied or finds it difficult to visit his children, whether married or unmarried, will be distraught at the thought of not seeing or not seeing his children enough. Luckily the law does protect your rights as a parent unless there is a Court order against you.
The Children’s Act protects and stipulates how to overcome issues with fathers’ rights in South Africa.
Married Fathers
The Children’s Act 38 of 2005, section 20, stipulates that the biological father still has full parental rights to his children even after a divorce unless ordered differently by a Court. A child’s birth father has the right to decide legal matters and educational, health and welfare, and religious issues. If a father is married when a child is conceived or born or married to her between the child’s conception and birth, he will acquire the same rights and responsibilities.
Unmarried Fathers
In terms of section 21, when an unmarried biological father was in a permanent relationship and living together with the child’s mother at the time of the child’s birth, he acquires full parental rights and responsibilities. Unmarried fathers can also consent and apply for such requests and contribute to the child’s care and rearing.
Responsibility to Maintain a Child
Fathers (and mothers) have a responsibility to support their children financially. This responsibility applies to both married and unmarried fathers. Even if a father has no parental rights, he stays obligated to childcare maintenance. This requirement also applies if a father has no contact with his child or after a divorce. A father divorces the mother, not his child.
Visitation Rights for Fathers
Whether a father is divorced or is an unmarried father, he still has the right to see his children even without custody of the child. Parenting Plans are essential to set out the process of good contact. Parenting plans are especially applicable for a school going child during terms, weekends and holidays. When planning visitation, consider the child’s school, social, and extramural activities. Please remember that the child’s best interests are always paramount.
