Sole versus Shared Custody of Children: Hear it from Family Law Solicitors

 

Every relationship confronts troubled waters, but it’s child welfare that matters the most during a divorce or separation. That’s when the term ‘custody’ comes into play. As we all decipher the term, it’s the day-to-day care of dependent children by parents. While mothers usually shoulder this responsibility, the Irish law also grants custody to fathers or both the parents. It’s a part of the negotiation, every couple settling for a divorce reaches at some point in time.

You can categorise this custody into Physical and Legal. While the former entrusts parents with the right to live alongside their children, under the same roof and take key decisions on their behalf; the latter endows them with every right to make choices on behalf of them for education and healthcare without being physically present. Such rights either can be solely taken or shared between the parents. Let’s hear the differences between the two from Breen Walsh Solicitors, the most popular family law solicitors in Ireland.

Sole Custody

This custody offers only one of the parents to take care of the child. Since most of the times it’s unsuccessful, solicitors in Cork encourage parents to apply for shared custody. Sole custody fails to work when the family court receives evidence of poor physical, psychological and emotional health of a parent. However, it’s somewhat preferable when one of the parents is a drug addict, shares an unacceptable history of drug abuse, and frequently travels for work purpose. In such instances, the court entrusts the responsibility to the other parent, who provides the child with a stable home. Another circumstance when sole custody seems more desirable is when parents stay apart, especially in different cities/ state/ countries. Family laws solicitors here recommend sole custody because it’s unfair for the child to travel frequently from one place to another, just to conform to the laws set by shared custody.

With this, the next question that might cross your mind is whether non-custodial parents have the right to see their child. If they are a potential threat to the child, then restrictions might come into play. However, severing all ties and splitting up of relations is never the case. If the non-custodial parent can manage a visitation right, then meeting the child under supervision or non-supervision is always possible.

Shared Custody

Shared custody, on the contrary, is just the opposite of its counterpart. Here, both the parents exercise the right to make decisions and stay beside their children to act in the best interest. The primary motive of such custody is to provide the child or children with a stable and healthy life after divorce.

As both parents share the rights of custody, the next question that might pop up in mind is whether it’s shared equally. To this, remember, it’s not written anywhere to endow them uniformly. However, both shall receive some rights and responsibilities concerning the custody of children. It’s unjustified to expect the same in joint custody.

What if disputes arise during decision-making for the welfare of the child? In that case, it’s wise to call upon a solicitor, specialising in family law to step in and take an independent decision. Now, this holds for legal custodial rights, setting the rules apart from a physical one. The latter, on the contrary, bestows rights, not necessarily equal, with one spending more time with the child than the other.

Wrapping up:

Does all this seem tad complex to a layperson? This is probably why solicitors in Cork exist. You may appoint one of them to understand the best type of custody for you and your child.

What Legal Steps You Can Take With The Help Of Solicitors in Cork

 

Like any other region in Ireland, legal aid is efficiently provided by legal advisors in Cork to help in various issues. Solicitors can efficiently handle cases like appeals, fines, licensing, bail, small claims, juvenile, summons, family, criminal and the like. A solicitor is to be found in a law firm in Cork or can practice independently at their own office. Here are the essential legal steps that a solicitor help you with. 

 

Solicitors are allowed to give legal advice about non-contentious matters, like purchasing a house or the drafting a will  A solicitor also acts as an agent or representative in commercial transactions. He/She may also give you legal advice and represent you concerning a dispute or disagreement that you have with another party such in cases of accidents and personal damages. And it may be about taking or defending a case. If you are involved in a court case, your solicitor will manage the case and represent you when dealing with the other party. He/she can also "brief" the barrister, if one is required and send him/her all of the necessary documents and information, and actually represent you in court, although in a high court or a supreme court, a barrister will usually be engaged.

 

Unlike barristers, solicitors are granted to participate together to form partnerships and they are permitted to advertise their services. Solicitors do not have to wear any special clothes when in court and the Law Society sets down rules and regulations about how solicitors may conduct their business.

The Work Of Deed Poll Solicitors In Cork

 

A deed poll is a legal document, not a certificate and any solicitor can prepare a deed poll for you. A deed poll solicitor can help in altering name deeds and certify the copies for you. A copy of the marriage or civil partnership certificate is usually sufficient proof of the change and a Change of Name Deed will not be necessary.

 

In Ireland, a deed poll is a signed declaration by a person that binds them to a certain course of action from the date of signing. A deed poll for a change of name involves declarations or in a sense a sworn statement or affidavit before a solicitor or commissioner for oaths that you are abandoning the use of your old name, that you will use your new name at all times and that you need everyone to use your new name. All this work can be achieved smoothly with the aid of a good solicitor.

 

The Capabilities of Family Law Solicitor

 

It should be mentioned here separately that the Irish Family law is very strict and conservative. However, despite these facts, a family law solicitor may cater to the following needs quite efficiently:

 

●     Ancillary relief

●     Life Insurance and Pension Adjustment Orders

●     Child Law

●     Adoption

●     Surrogacy

●     Division of Assets

●     Nullability

●     Collaborative Law and Mediation

●     International Child Abduction

●     Re-location Applications

●     Recognition of Foreign Marriages and Divorces

●     Judicial Separation and Divorce of Civil Partnership and Cohabitation

 

The many layers and procedures, legal documentation can be prepared and sustained by the Solicitor, while you pay them and sign the deeds. However, understand that when the legal issue is in your name, it would be a smart move if you don’t rely wholly on the solicitor and not know a thing about what’s going on. Learn from them, and participate as much as you can. Handle things with a collaborative effort.