In South Africa, the term "sole custody" is not commonly used within the legal system. Instead, the concept of "primary residence" is used to determine the custodial arrangements for children. However, it's important to note that family law in South Africa is complex, and custody matters are generally handled on a case-by-case basis.

In South Africa, the Children's Act of 2005 governs matters related to the care, protection, and guardianship of children. According to the Act, both parents have responsibilities and rights towards their children, and the best interests of the child are the paramount consideration in any custody dispute.

When parents separate or divorce, they are encouraged to reach an agreement regarding the care and custody of their children. This agreement may include arrangements for where the child will primarily reside, visitation schedules for the non-residential parent, and decision-making responsibilities. If the parents cannot reach an agreement, they may need to seek assistance from a family mediator or apply to the court for a formal custody order.

In cases where the court needs to make a decision regarding custody, it will consider various factors, including:

1. The best interests of the child, including their physical, emotional, and intellectual needs.

2. The child's age, gender, background, and any special needs they may have.

3. The ability of each parent to provide for the child's needs, including their financial and emotional capacity.

4. The child's relationship with each parent and any other significant individuals in their life.

5. Any instances of domestic violence or abuse.

6. The willingness of each parent to foster a positive relationship between the child and the other parent.

Based on these factors, the court may make a custody order that grants one parent primary residence (physical custody) while still recognizing the other parent's rights and responsibilities. The non-residential parent typically retains visitation rights and may have input in decision-making regarding the child's upbringing.

It's important to consult with a family law attorney in South Africa to understand the specific legal requirements and procedures related to custody matters, as they can provide advice tailored to your situation.

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