New Custody Help for Unmarried Parents in SA

By 18th December 2025Family Law
child custody for unmarried parents in South Africa

Imagine your child caught in a custody battle between you and your ex. You want what’s best for them, but navigating legal complexities can be daunting. Here’s good news for South African families: children born outside of marriage now have access to the Family Advocate, a crucial resource that can help!

When legal disputes break out over a child’s future, the stress can feel overwhelming, especially if you aren’t sure where to turn for help. For a long time in South Africa, many parents felt left out in the cold because the law treated children of unmarried parents differently from those born to married couples. But that has officially changed. Thanks to a landmark legal shift, the doors of the Office of the Family Advocate are now wide open to every family, ensuring that your child’s well-being is protected by experts regardless of whether you were ever married.

Why this matters

The Family Advocate acts as a neutral bridge between parents, focusing entirely on what is best for the child rather than who is “right” or “wrong” in a breakup. By removing the old barriers, South African law has made it easier and more affordable for single parents and guardians to settle disputes without falling into a cycle of expensive, high-conflict litigation.

What’s the Family Advocate?

Think of the Family Advocate as a champion for children’s best interests in family disputes. They can help mediate issues between parents, conduct investigations, and make recommendations to the court. This can be invaluable in situations like custody arrangements or disagreements about a child’s education.

The Unfair Past:

Previously, only children of married parents going through divorce could access the Family Advocate. This meant unmarried parents, single moms or dads, and even grandparents facing custody challenges had limited options. They often faced expensive court battles – a barrier especially for low-income families.

Breaking Down Barriers:

A recent South African court case changed everything! The court ruled that excluding children born outside of marriage from the Family Advocate’s services was unconstitutional. This means unmarried parents, single parents, teenage parents, and even concerned grandparents now have equal access to this valuable resource.

What This Means for You:

If you’re an unmarried parent or facing a family dispute, you now have a powerful tool at your disposal. The Family Advocate can:

  • Facilitate communication: Navigate discussions between parents to find common ground.
  • Investigate the situation: Gather information on the child’s best interests.
  • Make recommendations: Provide a neutral perspective for the court’s consideration.

Don’t Let Your Child’s Future Be Uncertain:

Knowing your options empowers you to make informed decisions regarding your child’s well-being. If you’re facing a family dispute, consider contacting the Family Advocate. This service is now available to all families in South Africa, regardless of marital status.

BBP Law Attorneys: Here to Help

We understand that family matters can be complex and emotionally charged. Whether you’re navigating a custody agreement or unsure about your rights, our experienced legal team is here to guide you. Contact us today for a consultation, and let’s discuss how we can support your family.

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