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Family Law Question

  • 08-06-2009 3:45pm
    Registered Users Posts: 15


    Just wondering about this. Been married 2 years, we had the 2 kids before we got married and now I heard something that eventhough hubbie is kids father he should have adopted them for legal reasons once we got married, that joint custody isn't automatic just because we got married and both of us are the biological parents.
    Is this correct or do I just leave things the way they are?.

    Just need clarification that's all?.


  • Registered Users Posts: 33 katy_00

    As far as I' aware from my own both have guardianship of the kids because you were married i.e. the hubby doesn't have to apply for guardianship (a right to a say in the childs, doctor etc). If you hadn't been married then he would need to apply for this through the court.

    No need to adopt for legal reasons as he is the biological father so therefore couldn't adopt.

    Have been through the whole seperation and divorce process and my partner has also been through it so I've seen it from both sides......courts are definitely in favour of the woman when it comes to the kids.

  • Registered Users Posts: 68,317 ✭✭✭✭seamus

    Legal adoption is only necessary where the spouse is not the biological parent of the child. If your spouse is the biological father and his name is on the birth certs, you do not need to do anything further.