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Child custody to the father | Pros & cons
These days it is quite common for the children in a divorce situation to end up living with their father more than their mother. Single father families are very often formed by divorce, but sometimes also by the death of a wife or partner. Is a single father family in the best interests of the child?
What a single father household looks like
A single father household may consist of a father and his children only, a father, his children and a cohabiting partner or a father, his children and extended family. The most common situation is a father and his own children.
Studies have shown that fathers who are single are usually younger than married fathers, but not as young as single mothers. Usually single fathers have fewer children than married fathers, but are more likely to live in households with relatives.

Boys vs Girls
What effect do mothers and fathers have on educational achievement? Studies have shown that in low income communities, fathers’ influence has been found to be more significant than the mothers’ for boys but not girls. Fathers, according to the studies, exert greater influence than mothers on boys’ educational choices. Studies also show that fathers’ risk- avoidance behaviour has a positive impact on sons’ (but not daughters’) educational attainment and that fathers’ income predicts sons’ (but not daughters’) years of schooling. The studies show that in hierarchical communities, fathers’ influence may be more powerful on children of both sexes.
Work issues
One of the points of concern for single custodial fathers is that related to work issues. Single fathers sometimes have to work late and travel for business. Studies show that a family support system is very important when raising children and the single father often struggles to establish and maintain such a support network. Studies show also that the single father often struggles establishing an appropriate level of intimacy with his daughter when she reaches teenage years.
Jonit custody is favoured
The Constitution says that we are all equal in the eyes of the law and that is why our law favours joint custody these days. Joint custody allows fathers equal participation in the lives of their children to the mothers. Joint custody does not mean however that the children always spend time in both homes.
If the children end up living with their father, this does not mean that their mother is a bad parent. This could be for any number of reasons. It could be for example that the mother moved out of town due to her work, and that the children are better off staying in the same house and same neighbourhood where all their families are.
Growing up without a father can cause difficulties in a child’s life, such as distress, anger, self-doubt and bullying. But when the child ends up with a mother who is struggling to cope financially or struggling to be a single parent, this also leads to many difficulties for the child. Only a social worker or family advocate can really decide what is in the best interests of the child in each specific case.
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Other divorce-related issues
At the beginning
Should I advise my spouse of the impending divorce action?
Should you move out of the matrimonial house prior to divorce?
Remove your spouse as a beneficiary on your Life assurance.
Psychological issues
Marriage counselling to avoid divorce
Child-related divorce matters
Can a "band-aid baby" save a marriage?
Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Child custody when parents aren't married
Custody granted to unmarried father
Custody of children upon divorce
Jurisdiction in child custody matter (e.g. if child moved to another province)
Joint decisions with respect to minor children
Using Rule 43 to apply for interim custody entitlement
Child custody for the father, pros & cons
When a child won't see his/her father or mother
An unborn child when divorcing
Grandparents & divorce
When Grandparents want custody ahead of parents
Challenging the family advocate report
Child custody post divorce
Application to terminate your ex's parental rights
Splitting up siblings post divorce
Which parent decides the school to attend?
Maintenance for children
Child maintenance to what age?
Maintenance & proof of paternity
Maintenance & custody of adopted children
Maintenance for the unborn child
Token or minimal maintenance when parent doesn't work
Impact of inheritance on child maintenance obligations
Maintenance for children over 18
Children suing for maintenance
Arrest after failing to pay maintenance
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
International divorces, children & overseas issues
Divorce when the children & spouse are overseas
Child contact rights for an overseas parent
When your child and ex move overseas - keeping contact
Other child-divorce matters
Handicapped children & the divorce rate
National register of those unsuited to working with children
Affairs
Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
- When parties cannot decide how to divvy the assets : The court may nominate someone to collect, realise and divide the estate (called a liquidator, receiver or curator).
- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life assurance actions you need to take when divorcing
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
- Universal partnership: Asset sharing
- The distribution of assets from the dissolution of universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
Divorce orders
Vary or rescind a divorce order
Change divorce order without court application
Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside
Perjury & forgery
Divorce: Forging spouse's signature
Divorce courts
Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
Family, Estate & notarial legal services

