unmarried father seeking guardianship

nickeym1

Hi im just curious if an unmarried father was to seek guardianship and joint custody of his two irish born children whose mother was not an irish citizen would this father have any rights and would the fact that the mother was not a citizen make any difference??

Pat Mustard

nickeym1 wrote: »

Hi im just curious if an unmarried father was to seek guardianship and joint custody of his two irish born children whose mother was not an irish citizen would this father have any rights and would the fact that the mother was not a citizen make any difference??

Circumstances are important, etc., but in general, an unmarried father has a right to apply for guardianship, but no automatic right to guardianship under the law, as such. Joint custody could also be sought. Again, circumstances are important in relation to joint custody. The living arrangements of the children (residency) may also be an issue.

I don't see the fact of the mother's citizenship making much of a difference.

Anyone who can't afford legal advice and/or representation should contact the legal aid board.

nickeym1

Thanks for the quick reply. What if the mother had sought advice and was now in a hurry to sort out her citizenship before all the court proceedings start this would make one give thought to the idea that being a non citizen might not go in her favor in court?

Pat Mustard

nickeym1 wrote: »

being a non citizen might not go in her favor in court?

I don't see the relevance of citizenship from the perspective of family law proceedings. Perhaps there are other relevant circumstances, but this is only a legal discussion forum and we can't go into detail or give people legal advice. Legal advice is best sought from a solicitor.

There might be any number of reasons why somebody might be in a hurry to resolve citizenship issues.

nickeym1

Im not asking for legal advice but just curious if there is anyone maybe in a similiar situation

Pat Mustard

nickeym1 wrote: »

Im not asking for legal advice but just curious if there is anyone maybe in a similiar situation

Fair enough, I wasn't trying to be a bureaucrat, I was just pointing out the charter because it is the rock upon which many a thread perishes in this forum!

I don't think that citizenship will make a difference with regard to what you have asked.

nickeym1

no worries pal