not a joint gaurdian.

thickhead

Hi guys, I was readig a thread that mentioned a couple being unmarried and the op mentioned that her partner although he was the childs father was not the joint gaurdian or something similar. Is this a big deal as I am in the same position. Myself and my partner are happy together and that but if anything happens to her will I have to fight to keep my own child ? sorry I am confused and any information is appreciated. also I know my grammar is shocking.

hullaballoo

I presume you are the father. Unmarried father have no automatic right to guardianship over their children. There are a number of ways short of marriage to manage this state of affairs and all involve input from a legal professional who is competent in that area. There are also a number of ancillary documents that you may want to consider if you are looking to secure your family's future.

thickhead

hullaballoo wrote:

I presume you are the father. Unmarried father have no automatic right to guardianship over their children. There are a number of ways short of marriage to manage this state of affairs and all involve input from a legal professional who is competent in that area. There are also a number of ancillary documents that you may want to consider if you are looking to secure your family's future.

yes I am the father, Is there any way I could just sign documents and thats it ? not in a financial position to marry yet. We don't have our own house or anything. If my partner died today ( hopefully not) what happens to my daughter ?.

hullaballoo

You need to speak to a solicitor. Your circumstances will dictate how to proceed. Generally speaking, you can sort out guardianship with some signed and witnessed documentation at your solicitors office.

If your partner died, guardianship would pass to her next of kin, usually her mother and father (assuming they are alive and married.)

thickhead

hullaballoo wrote:

You need to speak to a solicitor. Your circumstances will dictate how to proceed. Generally speaking, you can sort out guardianship with some signed and witnessed documentation at your solicitors office.

hullaballoo wrote:

If your partner died, guardianship would pass to her next of kin, usually her mother and father (assuming they are alive and married.)

That is a joke, I will speak to a solicitor today. hopefully get it sorted sooner rather than later. Thanks, I was clueless about this. I assumed that I had rights to my own child.

Marcusm

Won't any legal advice have to be contingent on whether the Child and Family Relationships bill passes in current form. I believe they want it enacted in March. Given that they are"happy together", might it be better to keep lawyers out of it until the law is settled?

thickhead

Marcusm wrote:

Won't any legal advice have to be contingent on whether the Child and Family Relationships bill passes in current form. I believe they want it enacted in March. Given that they are"happy together", might it be better to keep lawyers out of it until the law is settled?

And what will the child and family relationships bill mean for my situation ?.

Little CuChulainn

If the mother is in agreement with you becoming a legal guardian then it's actually a simple matter to do the necessary paperwork.

http://www.treoir.ie/information-guardianship.php

hullaballoo

Marcusm wrote: »

Won't any legal advice have to be contingent on whether the Child and Family Relationships bill passes in current form. I believe they want it enacted in March. Given that they are"happy together", might it be better to keep lawyers out of it until the law is settled?

What if the mother dies over the weekend?

Little CuChulainn

hullaballoo wrote: »

What if the mother dies over the weekend?

I doubt a solicitor would be able to prevent that.

hullaballoo

Little CuChulainn wrote: »

I doubt a solicitor would be able to prevent that.

That's very funny and everything like that but it's hardly helpful.

I'm in a similar situation myself and one of the first things we did was deal with covering each other in case something happened to either of us, even before the child is born.

Little CuChulainn

hullaballoo wrote: »

That's very funny and everything like that but it's hardly helpful.

I'm in a similar situation myself and one of the first things we did was deal with covering each other in case something happened to either of us, even before the child is born.

Well perhaps you could elaborate on your question. The op prints of the statutory declaration and he and the mother go to a peace commissioner and get it signed. He is now a guardian of the child as long as he can produce that statutory declaration. Your question asked what if the mother dies this weekend. What issue do you foresee this bringing that would have been prevented by going to a solicitor?

thickhead

Hi everyone thanks for the advice, I have taken it onboard and I know what I will be doing first thing Monday morning ( touch wood). Is it an expensive process just signing a delaration could anyone tell me ?.

Tasden

thickhead wrote: »

Hi everyone thanks for the advice, I have taken it onboard and I know what I will be doing first thing Monday morning ( touch wood). Is it an expensive process just signing a delaration could anyone tell me ?.

Depends on where you go but think it can be around 20 euro or so

goz83

Guardianship is really just entry point fathers rights, allowing the father (as guardian) to have a say in the bringing up of the child. It does not, for example, stop the mother from effectively terminating the relationship between father and child. There are plenty of unmarried fathers who have guardianship, but who are fighting to see their children, because they don't have a little something called "Joint Custody".

The best of relationships can go sour, so it is important to cover the bases.