Child Law & Custody Attorneys
Sometimes life doesn’t turn out the way we planned, and families break apart. In times like this, it is important to have an expert child law and custody attorney by your side to make sure that your children are protected, and that they experience as little trauma as possible.
Benita Ardenbaum Attorneys is a specialist family law firm that is experienced in handling child law, family law, divorce law, and personal law. They are experts in mediation and have a high success rate in cases that they have handled both locally and internationally.
The Role of Child Custody Lawyers
Child custody lawyers are legal professionals who specialise in handling cases related to child custody and visitation. They play a crucial role which includes the following.
Protecting the Best Interests of Children
The primary duty and responsibility of a child custody lawyer is to prioritise the best interests of the children. This means they may recommend custody and visitation arrangements that are in the children’s best interests, even if it goes against their client’s preferences.
Providing Legal Guidance and Representation
Child custody attorneys provide legal advice and guidance to their clients. They explain the legal process, the relevant laws, and the potential outcomes of child custody cases. They help their clients understand their rights and responsibilities and where necessary represent them in court or take the role of mediator.
Ensuring Fair Custody Arrangements
They assess the specific details of the case, including the child’s age, needs, and preferences, the parents’ living situations, and any other relevant factors. They use this information to help develop a strategy that aligns with the best interests of the child and ensures a fair outcome for all parties that will not be detrimental to any children involved.
Handling Complex Custody Cases
Complex custody cases can be emotionally charged and legally intricate. Child custody lawyers play a critical role in guiding their clients through these challenges while striving to create a stable and healthy environment for the child. A thorough understanding of the facts is needed, including looking at factors such as substance abuse, domestic violence, or mental health concerns, and a strong legal strategy needs to be prepared, consulting with experts where needed.
Why You Need a Child Custody Lawyer
Engaging one of the best child custody lawyers, like Benita Ardenbaum Attorneys, is advisable in child custody disputes, as they can assist you with the following to ensure that the best interests of your child are protected during the process.
Navigating the Legal System
Our team of experts have a deep understanding of family law and child custody regulations. They can help you navigate the complex legal system, ensuring that you comply with all the relevant laws and regulations.
Protecting Your Rights as a Parent
Although the well-being of your child comes first, we provide you with legal guidance and ensure that your rights as a parent are protected throughout the process as well.
Negotiating a Fair Custody Arrangement
An expert custody attorney is crucial in negotiating a custody arrangement that is fair to all parties and keeps the best interests of the child in mind. They can facilitate open and respectful communication and can assist in creating a parenting plan beneficial to all parties, or assist in court when necessary.
Choose Benita Ardenbaum Attorneys as Your Child Custody Lawyer
The team of professional and experienced child custody lawyers at Benita Ardenbaum Attorneys are 100% committed to negotiating a fair custody arrangement that considers both the parents and the child’s best interests.
Let us help you to navigate this process with as little trauma as possible. Contact us today by either completing the form below or getting in touch directly.
If you and the other parent of your child are experiencing difficulties exercising care of, and/or contact with your child, we can assist you by entering into discussions with the other party in an attempt to resolve the issues or by referring you to mediation with a properly trained and experienced mediator. Whilst we will do our utmost to attempt to resolve issues without recourse to the court, should this not be successful, we are experienced in all forms of litigation in this regard and have a number of experts at our disposal to assist us should this becomes necessary.
Parental rights and responsibilities
Chapter 3 of the New Children’s Act SA governs both the acquisition and loss of parental responsibilities and rights not only by the parents of the children involved but also in respect of other persons. A person may have either full or specific parental responsibilities or rights in respect of a child. The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right to care for the child, to maintain contact with the child, to act as guardian of the child and to contribute to the maintenance of the child.
A parent or other person who acts as guardian of a child must administer and safeguard the child’s property and property interests, assist or represent the child in administrative, contractual and other legal matters or give or refuse any consent required by law in respect of the child, including consent to the child’s marriage, consent to the child’s adoption, consent to the child’s departure or removal from the Republic, consent to the child’s application for a passport; and consent to the alienation or encumbrance of any immovable property of the child.
Whenever more than one person has guardianship of a child, each one of them is competent, unless any other law or any order of a competent court specifies the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of the above paragraph.
For direct answers to your specific personal questions, please contact us directly.
The Children’s Act (“the Act”) does not contain a definition of a parenting plan. However, the Act refers to an agreement in which the co-holders of parental responsibilities and rights can make arrangements on the way in which they will govern and exercise their respective responsibilities and rights. The Act discourages co-holders of parental responsibilities and rights from approaching the court as a first resort when they experience difficulties in exercising their responsibilities and rights. Parties who experience difficulties in agreeing on their respective responsibilities and rights are required to mediate before seeking court intervention. If one of the co-holders refuses to engage in discussions about a parenting plan, the court may be approached. The parties are required to seek the assistance of a Family Advocate, social worker or a psychologist to assist them in reaching agreement, or mediation through a social worker or suitably qualified person in preparing a parenting plan.
Formalities
A parenting plan must be in writing and signed by the parties to the agreement. Such parenting plan may be registered with a Family Advocate or made an Order of Court. An application by co-holders for the registration of the parenting plan, or for it to be made an Order of Court, must be in the prescribed format, contain the prescribed particulars and be accompanied by a copy of the parenting plan. In certain instances, a statement by a Family Advocate, social worker or psychologist to the effect that the plan was prepared after consultation and/or mediation with such person must also be submitted.
A parenting plan registered with a Family Advocate may be amended or terminated by the Family Advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan. A parenting plan that was made an Order of Court may be amended or terminated only by an Order of Court on application by the co-holders of parental responsibilities and rights who are parties to the plan, or by the child, acting with leave of the Court, or if it is in the child’s interest, by any other person acting with leave of the Court.
parenting plans and agreements
When parents are going through a divorce or separation they may have a dispute between them as to which parent will have primary residence and care (custody) of the children.
Such fights between the parents could potentially lead to the children been traumatized by such a process which could have a long-lasting and damaging effect on them.
Formalities
At Benita Ardenbaum Attorneys we have dealt with many cases relating to children, and so we are sensitive to your and your children’s needs.
Our primary objective is to assist you to make child-focused decisions based on the best interests of your children.
Our team of family law experts will provide you with guidance and answer your questions on a wide range of issues which relate to children and which include but are not limited to the following;
- Explaining Parental responsibilities and Rights in terms of the children’s act 38 of 2005;
- The issue of which parent the children will live with or whether there will be a joint residence scenario;
- The contact (access) arrangements by the non-resident parent;
- Provision of maintenance and how maintenance is determined;
- Guardianship of children and the difference between guardianship and care (custody ) of children; and
- Issues such as which parent gets to make the decisions about which schools the children attend, their medical and dental treatment and their religious upbringing.
Once we have consulted we will be able to determine what strategies to implement and whether we try and settle the matter out of court, mediate or Litigate.
What ever process is adopted we will ensure that we provide you with the best approach to support you and your children and prepare you for the process and the outcome.
We work in collaboration with highly experienced counsellors and other expert consultants to ensure that you transition through the process with confidence and ease.
For direct answers to your specific personal questions, please contact us directly.