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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.

Father with 3 children

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

The stress of divorce

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

Child custody in South Africa

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

Custody & drugs

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

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

Ex refuses to pay school fees

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

Children and marital problems

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.

Movable assets - what to take if you move out.

Protection of assets using a trust

Debt Review and Divorce

Working together and divorce

Conveyancing books: (1) The Practitioners Guide to Conveyancing and Notarial Practice (2) Consolidated Chief Registrar of Deeds' Circulars and Conference Resolutions, (3) The Law and Practising of Conveyancing in South Africa

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

Unmarried couples & pensions

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

Inheritance & divorce

Divorce & future expenses

Divorce & Future medical expenses

Marriage (COP vs ANC), cohabition and Universal partnerships

Antenuptial contracts

The postnuptial contract

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


The co-habitation agreement

Rights for those in 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

Contempt of Consent Paper

Spangenberg & Another vs De Waal; Rule 43 order is set aside

Perjury & forgery

Perjury in the court papers

Divorce: Forging spouse's signature

Divorce courts

Divorce & the day in court

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?

Lady justice holding a sword and the scale of justice

Family, Estate & notarial legal services











 

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