Divorce: Custody of the Children

Article posted in the Divorce Law category on 01-01-2014 11:00:00

Before the court will issue a divorce, it has to be decided who will look after the children. The parents can make an agreement or the court can decide. If you are in the middle of a divorce from your spouse, the most important consideration in deciding which parent should have custody is the best interests of the children.

The Family Advocate at the court can help investigate which parent is in the best position to look after the children and will represent the children in the court if necessary. If the divorce is taking a long time, for example if the parties don't agree, then an interim custody order can be issued setting out who will look after the children while the divorce is being finalised.

In African, Hindu and Muslim customary marriages, the wife usually takes custody of the children. According to African customary law, the father usually remains the children's natural guardian. The children of Hindu and Muslim marriages are regarded as illegitimate, so the mother is also the natural guardian. In all cases, the father still has a duty to support the children.

Ask your own Legal Question