Unmarried to married

ILikeBoats

Hi,

I'm just wondering is me and my daughter's relationship the same as a child that was born to a married couple?

We had her last year and I understood that I was unable to give consent (for say surgery or something) as we weren't married, it would have gone to my partner's parents?
We recently got married. Do I need to do anything to be a "full guardian" for lack of a better word(s)?

pwurple

I would say speak to a solicitor. 
It depends on our relationship before marriage, how long you were together etc. You may need to apply to be her guardian, but it depends on circumstances.

pwurple

I looked it up for you...
http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/legal_guardianship_and_unmarried_couples.html


An unmarried father will automatically be a guardian if he has lived with the child's mother for 12 consecutive months after 18 January 2016, including at least 3 months with the mother and child following the child's birth.


And if you don’t fit into that... here is the process:
Guardianship by agreement
If the mother agrees, the father can become a joint guardian if both parents sign a statutory declaration. The statutory declaration (SI 5 of 1998) must be signed in the presence of a Peace Commissioner or a Commissioner for Oaths.

Dravokivich

Just to add, if the mother does not agree, you can apply to the courts.

jennyhayes123

I think once your married it becomes automatic. I could be wrong

pwurple

jennyhayes123 wrote: »

I think once your married it becomes automatic. I could be wrong

That makes no sense though. I mean, if an unrelated man marries any woman, they do not become guardian of her children.

The question is whether he was already a guardian. Getting married does not change the past.

GhostyMcGhost

pwurple wrote: »

That makes no sense though. I mean, if an unrelated man marries any woman, they do not become guardian of her children.

The question is whether he was already a guardian. Getting married does not change the past.

In this case it’s their child not her child

pwurple

GhostyMcGhost wrote: »

In this case it’s their child not her child

The law doesn’t know that though. That’s the whole point of marriage, and de facto marriage now. making that set of legal agreements... any children are assumed to be the mans, inheritance, next of kin, etc.

Cakerbaker

http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/legal_guardianship_and_unmarried_couples.html

Says here you automatically become joint guardian upon marriage to the mother of your child assuming your name is on the birth cert.

ILikeBoats

Thanks for the replies.

Yes my name is on the birth cert and we lived together for 6 years before the child was born.

I automatically became guardian then, great stuff!