Joint custody in South Africa is something that all parents should look into if they are heading for a divorce. If the mother and father want to share custody of their children, it is important that they know how to do this legally. If your children were born out of wedlock the situation is very different, but visitation rights still have to be seen to for the parent who does not have custody. Whoever has guardianship of the kids is the one who makes the decisions, but a judge is still above what they have to say. If the judge grants the father two days per week with the children, then that’s what the mother has to make sure it gets done.
You have to want to go into joint custody for the right reasons; not to get back at your ex and not to minimize the amount of maintenance you have to pay, joint custody in South Africa is serious and if both parents are capable of looking after the kids then you have to come to an agreement with your attorneys. Divorce is never easy on children, and the worst thing you can do is let them choose which parent they want to stay with. Once you have come to a decision, explain the visitation to them and tell them they will see their mommy or daddy so many times during the week.
Your children might be born out of wedlock, or even not; there are still rights that both parents have and they are entitled to them unless the judge of the court says otherwise. The parent that does not have guardianship should be allowed to see their children whenever it suits both parents and children best.