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Family law help

  • 27-11-2017 1:22am
    #1
    shawboss
    Registered Users, Registered Users 2 Posts: 94 ✭✭


    Hello ,
    I want to ask

    I want cosuty of my son , he is living with his grandparents , now even tho he should be with his mother , but she does not look after him , he's does not live with her and she is unable financiualy able , he wants to live with me and my girlfriend and who have been together for 10
    Years and he's brother and sisters ,

    What is the best move here for me


Comments

  • #2
    vectorvictor
    Registered Users, Registered Users 2 Posts: 745 ✭✭✭vectorvictor


    You won't get legal advice here but getting that should be your first step. Whilst it's possible to make the applications and represent yourself, a Dad seeking sole custody is a significant challenge which in my opinion (as a single dad) is unlikely to succeed unless the child is in danger with his mother and I'd recommend you seek proper advise. You may be entitled to legal aid if you are unable to afford representation.

    Be very clear about what you want and how you propose this change will not affect your son's quality of life, a change of routine or his relationship with his mother.

    On the other hand if what you have said is true , that she doesn't look after him, then maybe she'll be happy to let you. That said , your statements sound emotive rather than factual.


  • #3
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,340 ✭✭✭✭jimmycrackcorm


    vectorvictor wrote:
    On the other hand if what you have said is true , that she doesn't look after him, then maybe she'll be happy to let you. That said , your statements sound emotive rather than factual.


    But if he doesn't even live with his mother then that is more factual then emotive...


  • #4
    vectorvictor
    Registered Users, Registered Users 2 Posts: 745 ✭✭✭vectorvictor


    jimmycrackcorm wrote: »
    But if he doesn't even live with his mother then that is more factual then emotive...

    IF. There's very limited info in the op i.e. is his son living 24/7 with the grandparents, is he living in the grandparents with his mother also or does the mother just "outsource" alot


  • #5
    Xterminator
    Registered Users, Registered Users 2 Posts: 4,753 ✭✭✭Xterminator


    Hi Op

    all decisions now take into account what is in the best interest of the child and the child's wishes.

    If the grandparents are looking after the child well, and all the child's emotional and education needs are met, then seeking to uproot said child from their life may not be in the child's best interest. a child raised with good grandparents will do much better than a child raised with a parent who is struggling or disinterested, as stability is very important.

    Are their concrete reasons here to seek a change in custodial arrangements?
    Are they in the child's best interest. Can you prove it?
    does the child want to stay with the grandparents?
    Would your circumstances be able to provide a better environment to raise the child that the grandparents home?. EG who would mind the child when you are at work? Do you have a supportive partner? Do you own your house/apt & is there a spare bedroom?

    why did you say "even tho he should be with his mother" It suggest you have a beef with the grandparents?


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