Fathers’ Assist is there when there is a lack of legal recognition and they may not be able to make decisions about the child’s upbringing, health, or education. They may also struggle to contact or visit their children.

Why Fathers’ Assist?

Fathers who are not married to the mother of their children may face challenges in seeing their children for several reasons. Some of these reasons include the following:

Lack of legal recognition: Unmarried fathers may not have any legal recognition or rights over their children. This means that they may not be able to make decisions about the child’s upbringing, health, or education. They may also not have any legal right to contact or visit their children.

Care & Contact disputes: These disputes can arise when parents separate or divorce, and unmarried fathers may face challenges in getting custody or visitation rights. Custody battles can be emotionally and financially draining and may require legal representation.

Relationship breakdown with the mother: Fathers who are not married to the mother may experience a breakdown in their relationship, which can impact their ability to see their children. In some cases, the mother may prevent the father from seeing the child as a way to punish him for the relationship ending.

Parental alienation: In some cases, the mother may intentionally alienate the child from the father by withholding access or bad-mouthing the father to the child. This can make it difficult for the father to establish a relationship with the child.

It is important to note that every situation is unique, and fathers who are not married to the mother of their children may face different challenges depending on their circumstances. Seeking legal advice and mediation can often help resolve issues and establish parenting plans that are in the child’s best interests.

What are the rights?

Section 21 of the Children’s Act in South Africa deals with the parental responsibilities and rights of unmarried fathers. According to this section, an unmarried biological father can acquire full parental responsibilities and rights over his child if he meets certain requirements.

Firstly, the father must show that he has a genuine interest in the child’s welfare. This means that he must demonstrate that he has played a significant role in the child’s life, has contributed to the child’s upbringing and maintenance, and has maintained a meaningful relationship with the child.

Secondly, the father must be willing to exercise his parental responsibilities and rights. This means that he must be willing and able to take on the responsibility of caring for the child, making decisions about the child’s upbringing, and contributing to the child’s financial support.

Finally, the father must have a legally recognized relationship with the child’s mother. This means that he must have either been married to the child’s mother, lived with her in a permanent domestic relationship, or formally acknowledged his paternity in accordance with the provisions of the Act.

How do you?

Once an unmarried father has met these requirements, he can apply to the court to have his parental responsibilities and rights recognized and confirmed. The court will then consider the best interests of the child and make a decision regarding the father’s application.