Sole Custody Agreement Template South Africa

South African law governs the custody of divorces under the Children`s Act (as amended by the Child Justice Act 2008). If you opt for a DIY divorce, it`s important to familiarize yourself with the legal requirements and implications of sole and shared custody. Here is some basic information about obtaining sole or joint custody orders in South Africa: Shared custody gives parents the power to decide important matters, for example. B where and how children are educated. The child lives with a parent who has the right to decide on minor daily matters (e.g. B as homework is supervised, time for activities such as television, etc.) If, in South Africa, a court grants sole custody of one parent, the parent becomes a guardian to the exclusion of the other parent. This means that if you have sole custody, you have the right to make custody decisions that would normally require (in marriage or joint legal custody) the consent of both parents. A single guardian may indicate in his or her will a consecutive single guardian without consulting the other parent. However, the consent of the other parent is required if a living guardian wishes to have their child adopted. When parents decide to divorce, one of the first things they consider is custody of their child. Within the meaning of the Custody of Children Act, the best interests of the child are of the utmost importance with regard to the custody of children. In particular, to determine who should be the custodial parent. If you`re considering a DIY divorce and are involved with children, make sure you understand the differences between sole and shared custody and the full legal implications.

This will help ensure that you will make the best possible decision for you and your child. First, both parents must decide what type of custody each parent gets in the event of divorce. The guard can be considered as articulated or alone. Shared custody means that both parents share custody of the child, while sole custody means that one parent is considered a custodial parent and the other a non-custodial parent. Custody can also be physical or legal. A parent with physical custody lives with the child and takes care of the child on a daily basis. Custody is about a parent`s right to make important decisions for the child, for example. B where he goes to school and what medical treatment he receives. In the second type of custody, shared custody, a child spends a reasonable amount of time with both parents. This could mean spending weeks with one parent and weekends with the other or alternately spending weeks in each parent`s business.

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