The most emotive aspect of divorce is undoubtedly child custody, now called care and contact in terms of the Children’s Act 38 of 2005 (though informally many people still refer to “child custody”). Married parents share custody. On divorce, they must make a decision about who will provide the primary residence for the child, i.e., have custody. If the child lives with one parent most of the time, that parent has sole custody. The other parent has contact rights.
Joint custody means the child’s residential time is divided equally between both parents, but in practice it is usually more manageable to have a primary residence and regular contact with the non-custodial parent.
Legal custody is the right to make decisions about the child’s upbringing. Normally both parents have legal custody, unless there is a reason not to grant this.
Contact with a child refers to the non-custodial parent’s right and privilege to see and spend time with their child. Divorce agreements usually grant the non-custodial parent reasonable contact time, but it is a good idea to define what is regarded as reasonable in the specific circumstances. The parent who has custody may not impose unreasonable conditions or restrictions on contact. The details may be specified in a parenting plan.
Contact SD Law if you need help with a parenting plan or any other aspect of child care and contact.