In today’s society, more and more fathers are being denied custody of their children, but this does not mean that they are no longer responsible for their children’s well-being. Even if a father is not living with his child full-time, he or she still has duties to the child and will be required to contribute in some way to the child’s upbringing.
Parental responsibilities and rights legislation passed in South Africa in 1998 aims to help parents care for their children and assist them when they are no longer together. The law applies to married couples and unmarried couples.
Fathers who don’t live with their children still have responsibilities towards them.
If you are a father and you do not live with the child, it does not mean that your rights have been taken away. As a father, you still have responsibilities towards your children. You must provide financial support for them as well as be involved in their lives and education. You can also be involved in their health care needs.
The Children’s Act defines parental responsibilities as follows:
The Children’s Act defines parental responsibilities as follows:
- Maintain, support and care for the child.
- Act as guardian of the child.
- Contribute to the maintenance of the child.
- Develop and foster the relationship between the child and the other parent.
- Contribute to costs of pregnancy and birth
To maintain, support and care for the child;
This obligation is not only applicable to parents with custody of their children but also to parents who do not have custody. All parents have a responsibility towards their children even if they do not have physical custody of them. The parent who does not have physical custody may still be required to pay maintenance or financial support for their children, either directly or indirectly, through court orders against the other parent.
The court may order that both parents must provide financial maintenance for their children in proportion to their incomes unless there are special circumstances which would make this unfair to the financially weaker party (such as where it would be unjustifiably burdensome). In deciding whether it would be unjustifiably burdensome on one party to make such an order on behalf of another person, the following factors will be taken into account;
- The means and needs of each party;
- The means and needs of any dependants;
- Any special needs arising from disability (physical), age or illness;
Enables each parent access to information about current situations affecting them and future plans affecting them.
To act as guardian of the child;
The court may appoint you as the child’s guardian if you are a close relative. To be appointed, it is very important that you are able to show that your relationship with the child has been continuous over a long period of time and that he or she has been living with you for most of his or her life. The following people may be appointed as guardians:
- Parents;
- Grandparents;
- Aunts and uncles;
- Other close relatives (including siblings).
To contribute to the maintenance of the child;
You are responsible for contributing to the maintenance of the child. The mother is also responsible for contributing to the maintenance of the child. Both parents are required to contribute towards maintaining their children until they reach 18 years old, at which point a mutual agreement regarding parental rights will be reached between both parties.
To develop and foster the relationship between the child and the other parent;
The main reason to maintain a relationship with your child’s other parent is to develop and foster the relationship between the child and the other parent. This is important because children benefit from having a relationship with both parents, especially in their formative years.
To develop and foster the relationship between your child and his or her other parent:
- Understand that this process takes time, so be patient
- Spend quality time with your child—the more you do it, the better for both of you
- Make sure that when you spend time together as a family, everyone feels included
To contribute to the costs of pregnancy and birth. In other words, all parents have an obligation to take part in supporting their children financially until they are at least 18 years old unless they have full custody of their child.
It may be surprising to learn that even if you are not a biological father, you still have a legal right to contribute to the costs of pregnancy and birth. In other words, all parents have an obligation to take part in supporting their children financially until they are at least 18 years old unless they have full custody of their child.
All parents have a responsibility towards their children even if they do not have custody of them.
A father has a responsibility to provide financial support for his child. The father also has a responsibility to be involved in the child’s life, which includes regularly seeing and spending time with the child. A responsible father will also be a role model for his children and encourage them to stay on track with their education so that they can have successful careers when they grow up. A good parent should have patience with their children, but strict rules about what is acceptable behaviour at home or out of school are still very important because it keeps all family members safe from harm.
Parental responsibilities and rights can be a tricky area of law to navigate. However, they exist to ensure that children have the best conditions in which to live. If you require further assistance with a matter falling under the Children’s Act, contact us today for an appointment to discuss your legal rights.