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In terms of section 21 of the Children’s Act 38 of 2005, when an unmarried biological father was in a permanent relationship and living with the child’s mother at birth, he acquired full parental rights and responsibilities. Unmarried fathers can also consent and apply for such requests and contribute to the child’s care and raising.
Section 18 of the Act provides for either full or specific parental responsibilities and rights regarding a child. Unmarried father’s find it often tricky in exercising their parental rights and responsibilities. One of the reasons might be due to the mother’s traditional values or other obstacles that make approaching her difficult.
All biological fathers have the right to contribute and be involved in their children’s upbringing. Following are the three principal parental rights and responsibilities:
Right to Care for a Child
A parent is responsible for ensuring that a child needs a safe abode to live where a parent is in charge and always there to nurture and help the child. The child needs a proper upbringing and access to accommodation, food, clothing, medical care and education. Above all, a child should never feel threatened or unsafe in any circumstance. Biological fathers and mothers must ensure that their children are cared for adequately.
Right 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.
An unmarried father has the right and is obliged to support the essential maintenance of his biological children. Monthly cash payments can achieve this maintenance in advance or on a chosen specific day which will cover the children’s groceries, clothes, electricity, rent, transport, etc. Care will also protect children from medical expenses. Both parents cover educational costs.
Guardianship
Parents make decisions on behalf of their minor children. It is always important that both parents understand their children’s basic needs. As a biological father, you have the right to make educational, medical and legal decisions on behalf of your children. At 18, the child becomes an emancipated adult, and your children will make their own decisions.
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Scholtz Prok Attorneys in Roodepoort, Johannesburg, are specialists with Antenuptial Contracts, Commercial Law, Civil Litigation, Child Maintenance, Contested Divorce, Rule 43 Applications, Rule 58 Applications, Spousal Maintenance, Uncontested Divorce, Estate Planning, Family Lawyers, Child Custody, Fathers’ Visitation Rights, Fathers’ Rights, Mothers’ Rights, Parental Rights, Parenting Plan, Unmarried Fathers’ Rights, Unmarried Mothers’ Rights, and Insolvency.
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