Family Law | Child Custody Solicitors Dublin
Need Child Custody Solicitors?
Learn what the difference between guardianship, custody, and access is from our child custody solicitors.
Guardianship is the rights and duties between children and parents. In particular, guardians make decisions about:
- A child’s upbringing
- Religious and moral upbringing
- General Welfare
Married couples are automatically both guardians of their children, as are mothers.
Unmarried fathers are not automatically guardians of their children.
– Custody is the physical day-to-day care and control of the child.
A mother, who is not married to the father of her child, automatically has sole custody.
A father, who is not married to the mother of his child, may apply to the court to be appointed a guardian of the child. If he is successful in his application to be appointed a guardian, he may apply for custody.
The Courts can award sole custody, joint custody and can make various orders in this regard.
Occasionally a child may not be in the custody of their parents, for example, where the child is being reared by grandparents, a relative of the child, foster parents, or is in the care of a health board.
– Access can take various forms; it can be visitation rights or communication such as by way of telephone, e-mail, physical visits, or supervised visits. Access can be agreed between the parties on consent or by the Court if agreement cannot be reached through the solicitors for child access
Grandparents and relatives can also apply for access through solicitors for child access.
Click here to speak with our Child Custody Solicitors in Dublin to get help from us today.
I am a father, am I my child’s guardian? My name is on my child’s birth certificate as father?
As stated above a father, who is not married to the mother of his child, is not automatically the child’s guardian even if you are named on the birth certificate.
However, the mother may consent to the father being appointed a guardian and the law provides for a statutory procedure to allow this to be done on consent.
Alternatively, the unmarried father may apply to a court to be appointed a guardian with the mother and make an application to the District Court.
Other guardians may be appointed under a parent’s will or by court order.
I am a grandparent. Can I get to see my grandchildren even though their parents are in dispute?
Grandparents also have certain rights regarding their grandchildren. If a grandparent is denied access, they can apply to the court for access to their grandchildren.
In certain circumstances, Grandparents may be able to foster or adopt a grandchild. If a grandparent is the main custodian and carer of a child they can make certain applications to the District Court including for maintenance.
When are children adults or no longer dependents at law?
Children under 18 years, or 23 years if in full-time education, are considered dependents at law.
In certain circumstances children are always dependent on their parents, for example, because of a disability.
Your Expert Child Custody Claims Legal Team
At Carmody Moran Solicitors our experienced child custody solicitors are on hand to advise and skilled in handling all nature child custody.
The two partners of Carmody Moran solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.
Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.
He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.
Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.
Niamh manages the family law division and has plenty of experience when it comes to child custody cases. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.
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