THERE are unmarried fathers who would love to spend quality time with their children this Father's Day, but are still denied visitation rights or not allowed to see the child.
Many people in South Africa still believe that unmarried and divorced fathers have limited rights to their children and that the mother has the sole right to decide what is best for the child. This is no longer the case.
Fathers who feel that they are not given fair access to their children must seek legal counsel to determine what are their legal rights and responsibilities.
Bandile Motau*, 37, of M section at Umlazi, Durban, is one such father.
Motau says the court granted children custody to his former wife while he was granted visitation rights. But she won't let him near his children.
"She has even changed cellphone numbers and moved house without giving me her forwarding address," he says.
Motau is not alone in this. Many unmarried fathers don't know if they have child custody or visitation rights.
Fortunately, unmarried fathers have the same custody and visitation rights as a divorced father.
In terms of the Children's Act, an unmarried father can acquire parental rights and responsibilities automatically, without the need to go to court, if he complies with conditions set out in section 21.
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