The law regulates both the acquisition and loss of parental obligations and rights not only by the parents of the children concerned, but also for others, such as interested third parties. B like grandparents. The education plan is a written agreement that must be signed by both parents. Unmarried Biological FathersThe Children`s Act still does not grant parental rights inherent to biological fathers, as is the case for biological single mothers. … an important document in which parents agree on how their children are raised after separation or divorce. It is a written agreement developed by both parents as a mediator with the help of an independent third party, usually a social worker, psychologist or family lawyer (or other qualified professional). The court must consider a parent`s ability to give a child the love and care he or she needs and ensure that the parent is an appropriate person who can be given responsibility for such custody. In other words, the parent should have the skills and responsibility to fully fulfill his or her managerial role. It will also be in the best interests of the child if it is clear that the bond between the child and the parents is strong and that the child has a good understanding of the care and love of his parents. A person can acquire parental obligations and rights automatically or through an agreement, will or court order. Biological parents automatically acquire homework and parental rights within the meaning of the law.
If the parties are unable to reach an agreement and there is a dispute between the biological parents over any aspect of parental responsibility, the question of whether the father has parental obligations and rights must be referred to a family lawyer, social worker or other properly qualified person. Previously, South African courts had taken some of these factors into account in deciding custody issues. It is therefore clear that the applicant must convince the court, taking into account the probabilities, that he has the intelligence, character, sense of responsibility and understanding to enable him to exercise custody of a child in a manner that is in the best interests of the child. This section provides that if the father of the child meets certain legal requirements, the father has automatically acquired exactly the same parental obligations and rights over the child as that of a father married to the mother of the child. You will recall in common law that the single father had no automatic parental authority over the child, but that he could go to the High Court to grant him custody and/or guardianship and/or access to the child.