Unmarried Couple... Do i need to apply for custody.

hopalong_ie

Hi All.

Do i need to apply for custody of my daughter. I have guardianship but i just read that the man does not have custody, even though we live together and our relationship is stable is this something i should apply for...

Thanks

AckwelFoley

Many unmarried fathers are unaware that they have no automatic legal rights to their own children, and therefore have no say in their upbringing regardless of how long they have reared them. They cannot see them whenever they want. They have no influence in any major decision in their child’s life. The unmarried mother is the sole custodian of any child born outside of marriage. However the unmarried father has the right to apply, and with a letter, an access plan and the commitment to your child all is not lost

Custody

This is the day to day care and control of the child. Married couples automatically have Joint Custody, however Unmarried parents are not recognised, so therefore the mother has Sole Custody. Again the Unmarried Father has the right to apply to the Courts for Joint/Full Custody.

However, it is unusual for the Courts to grant Joint Custody to the Unmarried Father unless he has previously lived with the child. It is also unusual for Unmarried Fathers to get Joint Custody if it is evident that the parents do not get on.

If a parent is proven to be unfit, or not carrying out their parental responsibilities correctly the Courts may grant Full Custody to the other parent.

http://www.familybreakdown.ie/index.php?option=com_content&view=article&id=51:domestic-violence&catid=43:services

From what i read from this, if you are living with the child and are deemed a responsible parent you can apply get joint custody.

More good information here at http://www.treoir.ie/

MojoMaker

You can apply, but realistically not a chance of getting it in Ireland unless yu can show the Mum is unfit to be a sole custodian.

Courst don't like hassle. Anything that threatens the maternal assumption of custodial care is hassle. This is Ireland where is some ways it is still the 1970's.

nesf

MojoMaker wrote: »

You can apply, but realistically not a chance of getting it in Ireland unless yu can show the Mum is unfit to be a sole custodian

You're assuming that the mother of the kid will oppose him getting guardianship. If the Mom agrees to it it's a relatively trivial legal process.

LegacyUser

Bit confused. As i said i already have guardianship, i would have assumed it was a case as some said as since i'm already a guardian and we both work full time that it would be a trivial matter, would be great if someone could clarify.

Thanks

Jinxi

Custody only becomes an issue if ye split. It is only in regard to who the child lives with the majority of the time.
If you are already legally guardian of your child it means you will have the right to apply for custody if ye ever split.
When you say you are already the guardian, I presume your partner went to a solicitor and you got a court approve document saying she wishes you to be joint guardians? Otherwise it would not stand up in court.
It is also important to remember that if you are not married and if your partner were to die, your 'in-laws' would also have a right to apply for custody