[D102] MOTHERS vs FATHERS WHO GETS CUSTODY IN SOUTH AFRICAN DIVORCE - EXPLAINED BY DIVORCE LAWYER

In this video we discuss whether South African Judges prefer mothers over fathers in custody battles. There are some People will say you that mothers always win primary custody. That is not simply true That used to be case for your grandparent’s generation. But not anymore. Family law courts now base their decisions on the best interests of the child. This is in terms of Section 28 of our South African Constitution.
If joint custody is off the table, they look for the parent who will make sure the child gets the best preparation possible for their adult life. Where Did the “Courts Prefer Mothers” Myth Start? In the past fathers were the breadwinners and mothers stayed home to look after the children. If there was a separation or divorce, there was never any doubt the mother would get custody. She was the one taking care of the children. A man would never seek custody of a child. He needed to earn money.
Times have changed. Mothers are now also income earners. Fathers take on more of the child-rearing duties. Today’s judges have changed with the times. They have different perspectives on parenting roles. Laws giving women preferential custody rights no longer exist. Judges have guidelines used to determine what is in the best interest of the children. The gender of the parent plays no part in their decision.
What Does the Court Look for When Determining Primary Custody? South African law requires the court to look at “Best Interest Factors.” Some of these factors are: The wishes of the child if the child is of sufficient age and capacity to form an intelligent decision of their own. The mental and physical health of the parents. The physical, developmental and emotional needs of the child. The nature of the relationship of the child with each parent. Any history of parental abuse or neglect of the child or a sibling of the child
None of these factors lean toward either mother or father. Generally courts prefer joint custody whenever possible. Because this will create a stable environment for the child. Regular routines in place for schooling and on holidays and special occasions.
If you have some questions on custody or divorce or help in your particular situation, you welcome to book an appointment with our Law Office
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CONTACT: Aslam Moolla
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 Who gets custody of child in South African divorce?
01:01 The origins of the myth that Mothers always win custody
01:42 New South African Law regarding custody of minor children
02:20 What does the Court now look at when awarding custody in divorce?
02:39 Best interests of the child - section 28 - factors and checklist
03:41 Reasons why Joint custody is often preferred by South African Divorce Courts
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=== RESOURCES CITED IN THIS VIDEO===
Section 28 of the Constitution - Chidren’s Rights
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#custodybattle #childcustody #SouthAfricanDivorceLaw

[@rsaindiavlogs7120]

In 3 months minor children can forget father
What kind of justice with me

[@rsaindiavlogs7120]

Im married south african citizens 10 years i have 3 childrens
Wife left with 3 childrens she is unemployed
I apply primery custody of my children but the court order i cant see my children for 3 months.
I don't know what to do

[@promiseshiba2285]

Thank you for this video🙏

[@legalleaderssouthafricanfa6798]

Hello Promise
You welcome. South African law today - any biological parent can get custody of their child. Maintenance is also allowed in terms of the High Courts now

[@0te0te95]

I need help I'm not married but I've got a 3year old son and his mother and their family refuses to allow him to come to me I'm forced to sit in there house to see my boy. I recently noticed strange behavior towards my son from his mother also I've been hearing a lot of things from neighbours which is very upsetting. Is there a phone number perhaps so I can contact u

[@legalleaderssouthafricanfa6798]

Hello there
Sure we can be reached at our office line which is 031 942 8863