There are some People will say that mothers always win primary custody- it not that simply.
That used to be case many generations ago. But not anymore.
Family law courts now base their decisions on the best interests of the child. This is in terms of Section 28 of our South African Constitution.
If joint custody is off the table, they look for the parent who will make sure the child gets the best preparation possible for their adult life.
Where did the “Courts Prefer Mothers” Myth Start?
In the past fathers were the breadwinners and mothers stayed home to look after the children.
If there was a separation or divorce, there was never any doubt the mother would get custody. She was the one taking care of the children. A man would never seek custody of a child. He needed to earn money.
Times have changed. Mothers are now also income earners. Fathers take on more of the child-rearing duties.
Today’s judges have changed with the times. They have different perspectives on parenting roles and there are laws giving women preferential custody rights no longer exist.
Judges have guidelines used to determine what is in the best interest of the children. The gender of the parent plays no part in their decision.
What Does the Court Look for When Determining Primary Custody?
South African law requires the court to look at “Best Interest Factors.” Some of these factors are: The wishes of the child if the child is of sufficient age and capacity to form an intelligent decision of their own.
The mental and physical health of the parents. The physical, developmental and emotional needs of the child.
The nature of the relationship of the child with each parent. Any history of parental abuse or neglect of the child or a sibling of the child
None of these factors lean toward either mother or father. Generally courts prefer joint custody whenever possible. Because this will create a stable environment for the child. Regular routines in place for schooling and on holidays and special occasion
