confused about joint guardianship ???

ciarajimi

If the baby has the fathers surname (as the mother couldnt use her birthname as she is still by law married and not allowed use her maiden name on the birthcert), does this automatically give the father 50/50 guardainship of the child ??. Now if said father is now away for 3-5 years at the exspense of the state ! does this change anything ????

Tom Young

ciarajimi wrote: »

If the baby has the fathers surname (as the mother couldnt use her birthname as she is still by law married and not allowed use her maiden name on the birthcert), does this automatically give the father 50/50 guardainship of the child ??. Now if said father is now away for 3-5 years at the exspense of the state ! does this change anything ????

If the parents are not married, the child or issue of the couple does not automatically entitle the father to guardianship.

Seek legal advice. There are two methods of resolution, both relatively inexpensive.

schemingbohemia

ciarajimi wrote: »

If the baby has the fathers surname (as the mother couldnt use her birthname as she is still by law married and not allowed use her maiden name on the birthcert), does this automatically give the father 50/50 guardainship of the child ??. Now if said father is now away for 3-5 years at the exspense of the state ! does this change anything ????

I don't think that part is correct, there's no obligation on women to take their husband's name on marriage.

eoinkildare

Can anyone tell me the penalty (and point me towards where this is in legislation) for making a false declaration in a declaration to register guardianship before a commissioner of oaths?

Thanks,
Eoin

Pat Mustard

6 month max jail sentence or €3,000.00 max fine or both.
http://www.irishstatutebook.ie/2008/en/act/pub/0014/sec0051.html

eoinkildare

Thanks for that.

3DataModem

An I still right in thinking that Irish law recognises the husband - not the partner - as the father of his wife's child, irrespective of actual parentage?

Tom Young

3DataModem wrote: »

An I still right in thinking that Irish law recognises the husband - not the partner - as the father of his wife's child, irrespective of actual parentage?

See my post. Second to OPs.