The ideal parenting situation for a child is to be cared for by both of their parents in somewhat equal measure. But, unfortunately, there are many situations in which this is simply not possible. When it comes to divorce, separation, and parents living in different areas, it is often best for one parent to have full custody.

If you are seeking to gain full custody of your child, you may be curious about the requirements for full custody in South Africa. As family law experts in Durban, we are here to shed some light on the topic.

Filing for Full Custody

In order to gain full custody of your child/children, you’ll need to receive a ruling from either the High Court or the Children’s Court. The court will grant custody based on the best interests of the child.

Creating a Parenting Plan

One of the first steps in the process is to create a parenting plan, where you will describe the details of how you plan to parent your child, and what sort of input the other parent should have. These plans can be created with the help of a social worker, family lawyer, or psychologist.

What the Court Takes into Consideration

When granting custody, the court takes the following factors into consideration:

  • The relationship that you have with your child
  • The best interests of your child
  • The ways in which you have contributed to your child’s expenses
  • The commitments that you have made to your child and how these commitments have been demonstrated.

Reasons as to Why the Former Guardian is Not Suitable

If you are seeking full custody of your child, you’ll also need to give reasons as to why the former guardian is not suitable for handling full custody themselves. This is something that you can do with your family lawyer, and it is important that you are completely truthful when outlining these reasons.

Do you have any questions about the requirements for full custody in South Africa? Here at The Law Offices of Karen Olivier, we have a team of family law experts who are ready and waiting to assist you. Feel free to contact our knowledgeable team today so that one of our lawyers can offer you expert advice.