Joint Custody

Dawnie12

Hi not sure if I'm posting in the right place or not..I'm with my current partner 6 year and we have one child together..I also have two others children from a previous relationship... My current partner has recently decided to take me to court for joint custody of our child(which I dont want him to have) next week..I have been told he won't be granted joint custody but will be giving guardianship as we live together can anyone help me out on this I can't afford a solicitor and legal aid waiting list is 12-14 months which is no good to me

m'lady

Has he applied for this so he has more rights should you both split up OP?

gavindublin

Is it in dolphin house court? They're very helpful and somewhat relaxed as to what you think a court would be. They're very clear and explain things slowly so you understand and the judge will make sure everyone understands. Well in my experience ive found this.

has your partner got legal rep for it?

Big Bag of Chips

Surely if you live together you already have joint custody of your child? The child lives with both of you. You are both responsible for the care of the child. Are you?

I'm sorry, I don't understand your question. Are you still in a relationship with him? Does the relationship look like it is going to end very soon? Have you genuine concerns about the safety of your child that stop you from wanting your partner to have joint custody of your child?

Dawnie12

No I'm in kildare & he has no legal rep...Yes we do live together but a father in Ireland only automatically has joint custody if he is married to the mother which we are not...I do have some reasons as to why I don't want to give it but the child's safety is not it as he would never harm his child but thanks very much for the advice I appreciate it

Big Bag of Chips

No, the father only automatically has joint guardianship if the parents are married.

I think you need to contact a flac.ie to clarify what it is you think you are looking for. The fact that you are both living together and both responsible for the day to day care of the child means you have joint custody of your child. If you moved out, then you would probably have sole custody and if you didn't want to share joint custody of your child your bf would then have to go to court for joint custody.

As it is now, because you live together you have joint custody. If you walked out tomorrow taking the child with you, he could apply for custody.

Maybe have a look at http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/custody_of_children_and_unmarried_couples.html

And here is an excerpt from another source http://legaleaglestar.wordpress.com/2011/02/03/im-a-father-on-social-welfare-my-ex-is-bringing-me-to-court/

Custody and Guardianship People associate and confuse the word Guardianship with the word custody all the time but they are very different in Irish law. Married couples automatically gain custody and guardianship rights to their marital children. In relation to unmarried couples, a mother is automatically the sole custodian of her child and, similarly, is sole guardian.Custody essentially relates to where a child lives. Where a married couple separate and end up going to court, very often an order is made for joint custody with day to day care and control to one of the parties. This means that both parties will remain joint custodians but the child will essentially live with one parent and have access to the other. In regard to unmarried couples, an unmarried father must bring an application to court to become a custodian of his child.


Custody only becomes an issue if you no longer live together.

If it's a case of making it official by stamping a piece of paper, I don't see how or why a judge would refuse it seeing as the child already lives with him.

January

If you have issue with him having joint custody or guardianship maybe you shouldn't be in a relationship with this person?

rox206

Hi,

I'm just looking for some advice on what exactly joint custody means.
I have asked my ex for joint custody of our 3-year-old child - which after being advised by her solicitor I would get - she has agreed to.
We are due to sign off on an agreement we thrashed out a few weeks back in the coming week but recently she told me that she will only be giving me Joint Custody with her having primary care and control of our child.
My solicitor is on holiday until early next week so can't be contacted until a few days before our court date. So really I am hoping that somebody can tell me if this changes what Joint Custody actually means in relation to my rights and responsibilities to care for my child how I see fit when she is in my care?
We will be exercising 60-40 time split with my daughter spending three days with me every week. And I already have guardianship, and have always had regular access to my daughter.

Any advice would be much appreciated.