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Being an unmarried mother doesn't mean that the father of child is exempt from his responsibilities as a parent.
If you’re an unmarried mother, your child is entitled to financial support from the father, whether he wants to be a part of the child’s life or not.
That’s according to Yusuf Boda, head of servicing at Legal & Tax. He says that South African law holds the father equally responsible with a mother for the care of a child.
If a child’s parents are not married, the mother is the primary caregiver of the child, but the father can apply for rights if he complies with certain requirements. But the natural father of a child born of unmarried parents must pay maintenance for the child until the child is 18, whether he wants to or not.
If the father won’t take responsibility or if the father is unwilling to pay maintenance, you as the mother of the child out of marriage should seek help from a family attorney, social worker, or social services professionals. Boda says that “There are laws in place to help mothers and their children when the father tries to escape his responsibilities,”.
You may approach the maintenance court for the area you live in to claim maintenance from the father if you cannot otherwise reach an agreement with him. At the court, there should be someone available to help you complete the documentation needed before the court will order the father to appear in front of judge.
Once the court has ordered the father to pay maintenance, he could be sent to prison if he fails to do so. What if the father is dead or cannot afford to pay maintenance?
Then the courts may look to the father’s parents to decide whether they are capable of paying maintenance, says Boda.
Cohabitation
If you and your partner live together and are not married, you as the mother of the child should set up a cohabitation agreement to protect your rights and those of your child, advises Boda.
This is because South African law does not recognise “common-law marriages”.
Even if you have lived together for 15 years and have several children together, you could find yourself homeless or without an income if your relationship with your partner ends, Boda warns.
Any family law or legal aid clinic should be able to help you draw up a simple agreement that gives you the same rights as a married woman, even if you’re not married.
For more information on Legal & Tax, visit www.legalandtax.co.za, call 0860 LTS LTS (587 587) or email info@legalandtax.co.za.
Follow us @LegalandTax on Twitter or join us on Facebook to keep up with Legal & Tax news and views.
Follow women24 on Twitter .
If you’re an unmarried mother, your child is entitled to financial support from the father, whether he wants to be a part of the child’s life or not.
That’s according to Yusuf Boda, head of servicing at Legal & Tax. He says that South African law holds the father equally responsible with a mother for the care of a child.
If a child’s parents are not married, the mother is the primary caregiver of the child, but the father can apply for rights if he complies with certain requirements. But the natural father of a child born of unmarried parents must pay maintenance for the child until the child is 18, whether he wants to or not.
If the father won’t take responsibility or if the father is unwilling to pay maintenance, you as the mother of the child out of marriage should seek help from a family attorney, social worker, or social services professionals. Boda says that “There are laws in place to help mothers and their children when the father tries to escape his responsibilities,”.
You may approach the maintenance court for the area you live in to claim maintenance from the father if you cannot otherwise reach an agreement with him. At the court, there should be someone available to help you complete the documentation needed before the court will order the father to appear in front of judge.
Once the court has ordered the father to pay maintenance, he could be sent to prison if he fails to do so. What if the father is dead or cannot afford to pay maintenance?
Then the courts may look to the father’s parents to decide whether they are capable of paying maintenance, says Boda.
Cohabitation
If you and your partner live together and are not married, you as the mother of the child should set up a cohabitation agreement to protect your rights and those of your child, advises Boda.
This is because South African law does not recognise “common-law marriages”.
Even if you have lived together for 15 years and have several children together, you could find yourself homeless or without an income if your relationship with your partner ends, Boda warns.
Any family law or legal aid clinic should be able to help you draw up a simple agreement that gives you the same rights as a married woman, even if you’re not married.
For more information on Legal & Tax, visit www.legalandtax.co.za, call 0860 LTS LTS (587 587) or email info@legalandtax.co.za.
Follow us @LegalandTax on Twitter or join us on Facebook to keep up with Legal & Tax news and views.
Follow women24 on Twitter .
