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joint guardianship vs joint custody

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  • 30-10-2011 1:21am
    #1
    illumi
    Closed Accounts Posts: 50 ✭✭


    hello.

    Me and my partner who still live separately are expecting our first child soon. As we are not married he expressed his wish of having joint custody of our child, as he wants a say in our childs life. I understand where he is coming from.
    I really want him to have an active part in raising our child and making important decisions with me. So I offered him joint guardianship and also said that when the child is old enough that he can take our child when he feels like it. now i thought that joint guardianship gives the father the same rights in making decisions and not joint custody. or am i wrong and it is the other way around? He got very upset with me and said he would "fight me" in court. I tried to explain that Guardianship means we both have the same rights to our child in making decisions and that custody means keeping and safekeeping the child and where the child lives and access to the child with one parent being primary custodian. or was i wrong again. anyway he thinks i am trying to take all the "power". which is just not true as I am not a person who uses a child as a weapon. I want him to have the same rights as me. But want the childs primary residence to be with me. I thought i was offering more than he asked for.. or maybe he thinks that joint custody gives him more rights. does it? help please. I am very confused atm and not to mention upset.
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    #2
    32minutes
    Registered Users Posts: 123 ✭✭32minutes


    illumi wrote: »
    hello.

    Me and my partner who still live separately are expecting our first child in march 2012. As we are not married he expressed his wish of having joint custody of our child, as he wants a say in our childs life. I understand where he is coming from.
    I really want him to have an active part in raising our child and making important decisions with me. So I offered him joint guardianship and also said that when the child is old enough that he can take our child when he feels like it. now i thought that joint guardianship gives the father the same rights in making decisions and not joint custody. or am i wrong and it is the other way around? He got very upset with me and said he would "fight me" in court. I tried to explain that Guardianship means we both have the same rights to our child in making decisions and that custody means keeping and safekeeping the child and where the child lives and access to the child with one parent being primary custodian. or was i wrong again. anyway he thinks i am trying to take all the "power". which is just not true as I am not a person who uses a child as a weapon. I want him to have the same rights as me. But want the childs primary residence to be with me. I thought i was offering more than he asked for.. or maybe he thinks that joint custody gives him more rights. does it? help please. I am very confused atm and not to mention upset.


    You absolutely have to speak to a solicitor regarding this, advice you get here is not appropriate, especially when it concerns your child's welfare.

    If it's a matter of expense then you should look up lawyers who will do work for no fee with certain community schemes, FLAC is a good place to start.


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    #3
    illumi
    Closed Accounts Posts: 50 ✭✭illumi


    32minutes wrote: »
    You absolutely have to speak to a solicitor regarding this, advice you get here is not appropriate, especially when it concerns your child's welfare.

    If it's a matter of expense then you should look up lawyers who will do work for no fee with certain community schemes, FLAC is a good place to start.

    i just want to know if i was right about the difference between joint custody and joint guardianship.


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    #4
    32minutes
    Registered Users Posts: 123 ✭✭32minutes


    illumi wrote: »
    i just want to know if i was right about the difference between joint custody and joint guardianship.

    I'm not a qualified family lawyer and I doubt anyone here who would post is, I would imagine the differences between joint guardianship and joint custody could be complicated in the extreme and most certainly have unforeseen consequences apart from those you mentioned above

    Sorry can't be more help but really what you're asking is not as simple a question as it might seem


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    #5
    CIARAN_BOYLE
    Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    A father can get guardianship from the courts pretty automatically (presuming he is not violent or psychotic) and has much very little importance in regards to access to the child. It would prevent you taking the child out of the country without his premission but wouldn't have a massive effect otherwise

    Custody guarantees him time where the child would live him either weekends or on a week on/week off basis depending on the arrangement between you and him. If he had joint custody he would also have joint guardianship

    Please note I am not a solicitor or legal expert so don't take the above as gospel


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