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Sons guardianship rights, if any

  • 01-03-2015 11:52pm
    #1
    whatatodo
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi, my son is going to court soon to seek joint guardianship of his son, the problem is, his ex has taken out a protection order against him, as he's been violent and smashed up her home, he admitted to her and the arresting gardthat he's using drugs, will this be brought up in court? I know his ex will try and bring it up but if the Garda doesn't tell the judge it will be his exes word against his. He's not a bad guy, just troubled


Comments

  • #2
    bjork
    Closed Accounts Posts: 2,554 ✭✭✭bjork


    Can he enter a drug treatment programme before the court date and sort himself out? Has he addressed his anger issues? It should be brought up in court as it is something which affects the child.


  • #3
    whatatodo
    Registered Users, Registered Users 2 Posts: 3 ✭whatatodo


    bjork wrote: »
    Can he enter a drug treatment programme before the court date and sort himself out? Has he addressed his anger issues? It should be brought up in court as it is something which affects the child.

    He hasn't had time to get into a programme, and he's also still using, I was just hoping it wouldn't be mentioned as its a separate charge. The court case is later this week if he was to get into a programme would that help or would he need to be clean of drugs and go for testing etc


  • #4
    Dandelion6
    Registered Users, Registered Users 2 Posts: 1,405 ✭✭✭Dandelion6


    whatatodo wrote: »
    I know his ex will try and bring it up but if the Garda doesn't tell the judge it will be his exes word against his.

    If his ex brings it up and he denies it, he will be committing perjury. Not a smart move.

    Generally speaking courts are reluctant to deny guardianship to biological fathers unless the father has actually been violent towards the child - though this probably varies in different districts. Having guardianship doesn't necessarily mean he gets access so problems like these aren't as damaging to a guardianship application. Being able to present evidence of his attempts to get treatment would be useful.


  • #5
    Uno my Uno.
    Registered Users, Registered Users 2 Posts: 905 ✭✭✭Uno my Uno.


    Its an uphill battle seeking to assert Guardianship Rights in a situation such as this one. Considering he is already subject to a prohibition order and is using drugs, the Court may be unwilling to grant such rights to someone until they have other issues sorted out. Even if he is granted Guardianship he is very unlikely to be granted access.


  • #6
    whatatodo
    Registered Users, Registered Users 2 Posts: 3 ✭whatatodo


    Uno my Uno. wrote: »
    Its an uphill battle seeking to assert Guardianship Rights in a situation such as this one. Considering he is already subject to a prohibition order and is using drugs, the Court may be unwilling to grant such rights to someone until they have other issues sorted out. Even if he is granted Guardianship he is very unlikely to be granted access.
    Thanks to everyone who replied, in all fairness he really doesn't deserve any rights at all the way he's behaved, I'll see what the court decides


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