Protecting the Rights of the

When a person enters into parenthood they automatically gain new rights as well as responsibilities. These responsibilities need to be upheld for the benefit of the child and each parent is entitled to their respective rights.

Unmarried fathers still have parental rights that need to be upheld and they cannot be denied visitation of the child without a solid case against them. In the case of disputed paternity, DNA tests need to be carried out.

Forcefully removing children from their home, by a relative or otherwise, to relocate to a new city or country is considered as child abduction. In most cases, if there is a court order, these abductions are illegal and should to be dealt with accordingly.

Custody is always decided based on what outcome will most benefit the child. The same goes for guardianship. Appointed guardians need to be able to care for the child until he or she turns 18.

Relocating a minor child outside of South Africa requires the consent of both parents. The custodian parent has the right to relocate a minor within South Africa in most cases, with the knowledge and consent of the other parent.

In the case of a divorce, one parent needs to be the primary caregiver and provide a primary address, while the other parent provides the alternate home address for the child/ children. Each parent maintains the right to care for their child and maintain contact with them.

If you are planning to make use of a surrogate or are a surrogate yourself, you may want to legally put in place a contract that protects and benefits all parties. A court order is required to protect all partie’s rights.

A parenting plan contains all the details of a parenting situation and the agreements reached by both parents. A parenting plan should benefit the child as much as possible and should state where the child should live, maintenance payable as well as payment of the child’s schooling.

In certain situations, it is necessary to provide a third party with co-parental responsibilities and rights. In many cases it is a stepmother or stepfather who pays for some of the costs involved with raising a child.

The law states that it is the responsibility of both parents to pay the costs of supporting the child. Agreeign on a stable maintenance plan helps to ease tension and provide a stable flow of funds for the child’s expenses.