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family law question

  • 21-02-2013 2:06pm
    #1
    lowly26
    Registered Users, Registered Users 2 Posts: 123 ✭✭


    hi there,

    just wondering, can one give gaurdianship to one's partner, soon to be husband if said partner is not childs father but has cared for child since infant age?

    i dont mean as in a case of any thing happened to mother childs care is to be given by partner , i mean as in for life choices e.g. medical care, passports etc)


    (childs father is not involved, has never been involved and is not on the birth cert )


Comments

  • #2
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    I don't think anyone can "give" guardianship - does it not have to be granted by the courts?


  • #3
    Skinnykenyan
    Registered Users, Registered Users 2 Posts: 306 ✭✭Skinnykenyan


    I think you could apply for guardianship but it would have to be granted, but if they are soon to be married then the husband would become legal guardian anyway? I think I'm correct in this case hes been a primary carer and with no father on the certificate


  • #4
    lowly26
    Registered Users, Registered Users 2 Posts: 123 ✭✭lowly26


    schemingbohemia wrote: »
    I don't think anyone can "give" guardianship - does it not have to be granted by the courts?


    no as the sole gaurdian of the child one can appoint who ever they want to be gaurdian in case of death.

    also in the case of parents who are unmarried the mother can just agree to joint gaurdianship of the child but if she refuses to do so then the father can go to court. in that case the court may award it.


  • #5
    lowly26
    Registered Users, Registered Users 2 Posts: 123 ✭✭lowly26


    Skinnykenyan wrote: »
    I think you could apply for guardianship but it would have to be granted, but if they are soon to be married then the husband would become legal guardian anyway? I think I'm correct in this case hes been a primary carer and with no father on the certificate


    yes in the case where the husband to be is the biological father of the child after marriage he gets automatic gaurdianship. my question is if the husband to be is NOT the biological father of the child but has cared for said child since an infant, can the mother elect him as a gaurdian of the child?


  • #6
    patsypantaloni
    Registered Users, Registered Users 2 Posts: 234 ✭✭patsypantaloni


    No, the mother can only consent to appointment of the biological father as guardian. The only way for a non-biological father to become guardian is if he marries the mother of the child and they both then apply to adopt the child; completely ridiculous, but that's Irish law for you


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  • #7
    lowly26
    Registered Users, Registered Users 2 Posts: 123 ✭✭lowly26


    thanks for that qestion answered!


  • #8
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    lowly26 wrote: »
    no as the sole gaurdian of the child one can appoint who ever they want to be gaurdian in case of death.

    also in the case of parents who are unmarried the mother can just agree to joint gaurdianship of the child but if she refuses to do so then the father can go to court. in that case the court may award it.

    You didn't state "in case of death" in your OP.


  • #9
    lowly26
    Registered Users, Registered Users 2 Posts: 123 ✭✭lowly26


    schemingbohemia wrote: »
    You didn't state "in case of death" in your OP.

    thats because that wasnt my question. i know one can appoint who ever they deem fit to be the child gaurdian in case of their death.

    my question was can one agree to gaurdianship of a child while one is still alive in place of biological father to make choices for the child including the like of signing passport forms , medical choices etc .

    E.g. mother who has child from a previous encounter, who has nothing to do with bioloigal father in any shape. and she has sole gaurdianship. can she elect her new husband (who is of no relation to the child but has cared for child since infantcy) as a 2nd gardian to the child?


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