Best Child Visitation Lawyers in Randburg

About Child Visitation Law in Randburg, South Africa

In Randburg, South Africa, the law encourages the maintenance of regular contact between parents and children after separation or divorce. The law therefore prioritizes the child's best interests. The institution of visitation rights is established to provide the non-custodial parent and the child a chance to maintain their relationship. The court considers various factors such as child's age, health, emotional ties with parents, preference, and the impact of change on the child while deciding on the visitation rights.

Why You May Need a Lawyer

While it is possible to proceed with the child visitation process on your own, having a lawyer can make the process smoother and efficient. You may require a lawyer in the following situations:

• If the other parent opposes your visitation rights or attempts to limit them.
• If you are unsure about how to calculate the appropriate visitation schedule.
• If you believe your child may be in danger during visits with the other parent.
• If you wish to move out of jurisdiction or if the custodial parent is relocating.

Local Laws Overview

In Randburg, the Children’s Act 38 of 2005 governs child visitation rights. Some key aspects of this law include:

• Visitation rights may be granted to the parent who does not have primary custody of the child.
• The court can also award visitation rights to other interested individuals like grandparents.
• The child's best interests are paramount in any decision regarding child visitation.
• Visitation rights can be modified or terminated if found to be in the child's best interest.

Frequently Asked Questions

1. What happens if the custodial parent denies visitation?
   If a custodial parent denies visitation without a court order, the non-custodial parent can get help from the court to enforce their visitation rights.
2. Can visitation be denied if child support is not paid?
   No, visitation and child support are two separate issues. Non-payment of child support is not a valid reason to deny visitation rights.
3. Can a child refuse visitation?
   A child's refusal to go for visitation can be considered by the court, especially for older children, but generally, the child is required to comply with the visitation order.
4. Can visitation rights be changed?
   Yes, visitation rights can be changed if there is a significant change in circumstances and that the change would be in the child's best interest.
5. Are grandparents granted visitation rights?
   Yes, South African law allows for grandparents to be granted visitation rights, provided it’s in the child’s best interests.

Additional Resources

The Family Advocate's Office, the Department of Justice and Constitutional Development, and the Social Development Department can provide additional information and assistance. Additionally, local libraries and online resources may hold valuable materials related to child visitation law.

Next Steps

If you need legal assistance with child visitation, it is recommended to consult with an experienced family law attorney. At your consultation, be prepared to discuss your current family situation, your desired outcome, any current court orders, and issues that may affect your case. After exploring all of your options with your attorney, you can then decide the best course of action for your situation.