Father's Rights in Respect of Their Children in South Africa

Fathers play an important role in the lives of their children and it's essential that they know their rights when it comes to child custody, visitation and support. In South Africa, fathers have certain rights under family law and it's important to understand those rights to ensure that they are protected. Here's what you need to know about father's rights in South Africa.

What Rights Does a Father have to their Child?

In South Africa, the rights and obligations of a father in respect of his child is governed by the Childrens Act 38 of 2005.

Married Father’s Right to his Child

A biological father automatically has full parental rights and responsibilities over his child if the father is married to the child’s mother.

In addition to the above, a father will acquire the same rights and responsibilities, if the father was or is:

• married to the child’s mother at the time that the child was conceived;

• married to the child’s mother at the time that the child was born; or

• married to the child’s mother any time between the child’s conception and birth.

Unmarried Father’s Right to his Child

An unmarried father will acquire full parental rights and responsibilities over his child, if:

• he was either living in a permanent life partnership with the child’s mother at the time of the child’s birth, or

• if he consented and successfully applied for such rights as well as contributed to the child’s upbringing and maintenance for a reasonable period.

Steps by Unmarried Father to Obtain Parental Rights & Responsibilities?

If the unmarried father and the biological mother of the child cannot come to an agreement on the rights and responsibilities of the unmarried father, he can make application to:

• Children’s Court for care and/or contact;

• High Court for guardianship; or

• High Court for care, contact and guardianship.

What Parental Rights & Responsibilities do Fathers Have?

Where a father has full parental rights and responsibilities, a father will have the same parental rights and responsibilities as the mother which means that the father must:

• Care for the child

• have Contact with the child

• act as the guardian to the child

• contribute to the maintenance of the child

Responsibility to Maintain a Child

Fathers and mothers have a responsibility to maintain (i.e. financially support) their child and this responsibility applies even when a father is not married to the child’s mother or does not have parental rights in respect of the child.

The duty to maintain your child is the only parental responsibility that automatically stays with an unmarried father, regardless of the circumstances.

What Must I Pay in respect of Maintenance Towards My Child?

When determining a claim for maintenance, the reasonable needs of the child on a monthly basis must first be determined and the financial means of each parent. Only once the child’s reasonable monthly needs have been determined, will you be able to establish the contribution that you will be required to make to meet those needs.

When determining this amount in respect of a child’s share of the common household expenses the following formula is typically used: allocate one-part per child and two-parts per adult or older child. 

Fathers have rights when it comes to their children in South Africa and it's important to understand those rights to ensure that they are protected. By establishing paternity, seeking legal advice, working with the mother, attending mediation, and understanding the factors that the court considers, fathers can ensure that their rights are protected and that their children's best interests are served.

If you need assistance with any family law matters, our highly experienced Family Law and Divorce attorneys can assist you. Contact our offices today to scheudle a consultation with one of our specialist family law attorneys.