family law advice please

Punkcover

I know this is going to blow up due to the nature of the post but I hope I find some info in amongst the storm.

I was wondering if it is possible to give up parental rights as a father in Ireland after a child is born out of marriage, now, before I am attacked please be aware that there is a long and quite horrid back story to this and in the long run, this is what is best for the child.
Also, what is the courts position on a father who is unemployed, unable to pay maintenance due to having literally nothing to his name due to the previous relationship and having already been incarcerated for being unable to meet an unrealistic maintenance order.
finally, if the said male, has remarried and his new partner has children, does this affect any outcome.

as I said, I know that due to the nature of the questions then there will likely be a few comments that are aimed to hurt but as I said, I am working towards a solution that is best for the child in this situation and best for all involved.

thanks in advance to anyone with any advice

Punkcover

sorry, one last bit, if the court summons etc comes to me and the name of my ex is spelt wrong for example if her name was Annmarie and on the court letter it is read as Ann Marie does this make a difference

Pat Mustard

Mod note to users:

1. Please do not request or offer legal advice. Legal advice is not allowed.

2. Please keep on topic with no 'high horse' type comments. These comments do not progress legal discussion.

This thread may remain open for the time being but if there is any of the above, it will be closed.

Punkcover

hi pat, ok what advice can I garner from this. its the first time I have approached a public forum to ask for help

Loveinapril

Do you have parental rights to begin with; gaurdianship, custody etc.? Is the only reason you want to give up parental rights because of your financial situation?

Punkcover

I am named on the birth cert but as far as guardianship goes, I don't. financial situation is a part of it

Loveinapril

Punkcover wrote: »

I am named on the birth cert but as far as guardianship goes, I don't. financial situation is a part of it

Were you married to the mother? How old is the child? You may not have any rights to actually give up (in theory).

Punkcover

we were unmarried and the child would now be 4. ex claimed I was earning cash in hand for work ( I wasn't ) judge believed her and set an unreasonably high maintenance order which I couldn't afford, I ended up serving for it.
I cant go through it all again, I am unemployed and have struggled to find work since last year. I currently owe an outstanding amount and am crapping myself as I don't want to go back to prision over something so stupid. i know that the court SHOULD reduce the amount outstanding due to unemployment but it will still be a struggle

Punkcover

would it make a difference if I were married to my new partner? do her children become dependants then

ace_irl

My understanding of this situation is that once you give up whatever parental rights you have, you are no longer entitled to be in your child's life at all.

Your financial situation is likely to change over the next 12 years (I say 12 as this would be when the child is 18) and you will more likely then not find yourself in a situation were you would like to know the child. If this happens you're going to find yourself faced with the fact you have no legal right to know your child.

The advice I can offer you is to sit down with a solicitor and have the old maintenance order changed.

It could be possible to have the amount outstanding revised to something more manageable and for payment to be taken from your salary when you start back in employment.

Pat Mustard

OP, looking at the maintenance, I would say that there are several issues:

1. Maintenance has been set at a level which you find too difficult to pay.
2. There are arrears of maintenance which you have been unable to pay.
3. You are unemployed and cannot pay much in way of legal fees.

I would suggest that you should contact the nearest Law Centre and apply for civil legal aid. Point out the above issues to them and ask them to deal with matters for you.

You can ask about an appeal to the Circuit Court in relation to the District Court Order for maintenance and perhaps you could also ask about the arrears of maintenance issue to be dealt with at the same time.

You can also ask about the issue of giving up parental rights but I think that this is a bit of a red herring, which will not serve to correct the issues numbered above.

Go to the Law Centre and get legal representation.

Loveinapril

Get free legal advice and go back to court. You sound so caught up the the financial aspect of this, which Ace clearly puts, is very likely to change. Think of the future, your child has a right to a father and any future children will have a sibling they have a right to know. Treoir are a great organisation that provide information and support for unmarried parents. They may be able to help you.

Punkcover

guys many many thanks for your advice. i really do appreciate the non judgemental way you both replied. i will be heading to the law centre asap and will hopefully get this all straightened out. thanks so much.... any further posts from new posters are of course welcome also as a broader idea i have will give me a better platform to help myself.

ace_irl

Another question I would have regarding surrendering parental rights is;

If you surrender them, and sign your rights away, would you not still be liable to the outstanding maintenance?

You would be severing your rights (therefore responsibilities) as of a certain date so I would assume anything owing up to that date would still be owed?

Legal advice is 100% needed on this issue, as it is very unclear as to the ramifications.

hairyprincess

Being unemployed does not excuse you from paying maintenance. Even if it's only a fiver a week. You receive social welfare I presume? Your outgoings and income would be assessed in any maintenance agreement, this would include your provision to your wife and children.

lifeandtimes

Just because you waive your rights to a child does not mean the person who brought them into this world is not financially responsible for them. The only way you wouldn't be made to cover costs is if the child was adopted by another person.

You need to speak with a solicitor but if payments are too difficult to make you can go back to court to have them amended, this information is on citizens info. Also to answer you other question yes your wife's income will be counted as income for you. I know of a man who was jobless who's couldn't pay maintenance and the judge made an order basing payment from his wife. Granted the circumstance are all different and I can't go into assumption but the judge will take into account you have been to prison already for non payment and it takes a long road of not paying to be sent there,especially as there are lots of options to have payment reduced, this may not go favourably for you.

See a solicitor

Pat Mustard

lifeandtimes wrote: »

Also to answer you other question yes your wife's income will be counted as income for you.

Legal advice is not allowed.

Thread closed as per moderation note, above.