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Right of unmarried father

  • 10-07-2007 4:52pm
    #1
    EdgarAllenPoo
    Registered Users, Registered Users 2 Posts: 2,686 ✭✭✭


    I have a quick question.

    If a father refuses to be named on a child's birth cert and refuses to support the mother of the child can that person then seek visitation or any form of custody through the courts if the mother doesn't want it to happen?


Comments

  • #2
    templetonpeck
    Closed Accounts Posts: 364 ✭✭templetonpeck


    GDM wrote:
    I have a quick question.

    If a father refuses to be named on a child's birth cert and refuses to support the mother of the child can that person then seek visitation or any form of custody through the courts if the mother doesn't want it to happen?

    Yes. Access and maintenance are two different issues. A mother cannot stop a father from seeing his child because no maintanence is being paid and vice versa, ie a father cannot stop paying maintenance because he's not getting access.

    Courts, in my experience, very much frown on mothers who deny a father access to his child/ren. In my opinion, if there's an issue with maintenance she should take it through the courts and both maintenance and access can be formalised.


  • #3
    EdgarAllenPoo
    Registered Users, Registered Users 2 Posts: 2,686 ✭✭✭EdgarAllenPoo


    If the father was previously violent towards the mother(and tried to snatch the child) would the court still grant him visitation rights especially given that in this situation there is a serious possiblilty that the father may be imprisoned in the near future.


  • #4
    templetonpeck
    Closed Accounts Posts: 364 ✭✭templetonpeck


    GDM wrote:
    If the father was previously violent towards the mother(and tried to snatch the child) would the court still grant him visitation rights especially given that in this situation there is a serious possiblilty that the father may be imprisoned in the near future.

    As long as the father has showed no violence towards the children, he is still entitled to see them. Though I would say they would be supervised visits.

    The fact that he may shortly be imprisoned, as far as I know, does not have any effect on his rights to see his child. In fact I have heard of cases where fathers have applied for access whilst in prison and the mother has had to bring the children in to visit him.

    But given the fathers previous attempts to abduct the child and previous violence towards the mother, I would absolutely proceed with this case through the Courts and with the benefit of Court Orders and proper legal advice, rather than trying to deal with it myself.


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