Paternal Rights

LegacyUser

Just wondering what are the differences (legal, financial, or other) for fathers who are married and those who are merely cohabiting when a child is born? I know that unmarried fathers have to get guardianship through the courts but I'm not exactly sure what benefit this gives. How beneficial would it be to get married before the birth of the child?

pwurple

It usually makes no difference in the normal run of things.

It's only if things go wrong that there can be a problem.

For example, recent case where there were difficulties during the labour, the mother and the child needed treatment. The woman's parents had to be called for consent, as the woman was not married to the father of the baby, so he was not guardian of new baby, or the next of kin of the woman.

But that's so rare...

cbyrd

The Father has no rights to the child without guardianship. If you split up with the mother, you do not automatically get joint custody, visitation or access if she decides not to allow it. You would have to go through the courts. The application for guardianship is a simple process once there is full agreement with the mother. Being married before the baby is born gives this automatically.

http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/legal_guardianship_and_unmarried_couples.html

LegacyUser

I'm not too worried about the situation if we break up. We are due to get married a few months after the due date. The bit about the labour issues does bother me though.

The Corinthian

LookingAhead wrote: »

Just wondering what are the differences (legal, financial, or other) for fathers who are married and those who are merely cohabiting when a child is born? I know that unmarried fathers have to get guardianship through the courts but I'm not exactly sure what benefit this gives. How beneficial would it be to get married before the birth of the child?

If married, guardianship is automatic. If not, it needs to be registered - signing it together before a peace commissioner and registering it with the courts will do.

As to what rights it gives, if the relationship between the parents is good, then it makes no real difference. It might in cases where the father may have to give consent to a doctor or school for something - if they bother to check.

If not, it means the child cannot be put up for adoption without the consent of the father, if he's a guardian, or leave the state without his permission - although this may be legally overturned. Rights with regard to health and religious upbringing are not enforced.

cbyrd wrote: »

Being married before the baby is born gives this automatically.

Marrying after the birth also bestows guardianship automatically:

http://www.citizensinformation.ie/en/birth_family_relationships/married_couples/guardianship_status_of_fathers.html

nikpmup

Myself and OH went to a solicitor and filled out & signed a guardianship form - does this have to be registered with the courts? Or does the solicitor do this automatically?

Orion

It doesn't need to be registered at all. You just need to keep it in a safe place.

nikpmup

Thanks, we've done that and the solicitor has a copy, we might well end up getting hitched someway down the road but for now guardianship is as much as we can do to secure his rights, few as they are.