If unmarried couples separate, the custody rights to the child/children work in the same way as for married couples. In case the couple cannot decide or mutually agree to the terms of sole or joint custody, the matter may be taken to court for a legal settlement.
Most family law solicitors in Cork, Dublin and other big Irish cities can help parents with the entire process of applying and contesting for child access or sole custody. It is not mandatory to have a solicitor to represent a parent asking for child custody. However, it is the most sustainable approach because the solicitor knows the highs and lows of the judicial system and can guide a parent with the right methods, requisites and policies of the court and represent their case in an organised manner. Each case works differently for different families. Here are the fundamental rules of how things work in Ireland.
Guardianship And Custody Of Child Automatically Goes To Unmarried Mothers But Final Settlement Is Based on Moral Example
When courts grant custody of the child, the primary concern is the child’s welfare. It includes social and physical welfare such as the performance and capacity of each parent to provide for the child’s education, nutrition, and healthcare needs, the intellectual and moral impact of the child, and religious and nationality concerns.
In general, the Irish legal system considers a superior position for unmarried mothers to have sole custody of the child. It is on the basis that living with mothers is in the best interest and welfare of the child from all aspects. But unmarried fathers would have the "right of access", until and unless there is a Restraining Order. Therefore, for unmarried parents, the mother gets sole guardianship of the child by default but the father does not need to have guardianship before he applies for access or custody.
However, in the final settlement, what matters the most is the overall moral example set by each parent and how it impacts the child's moral development and future.
Parents Getting Into New Relationship And Changing The Child's Name
In the case that one parent gets into a new relationship, it may impact their access rights to the child from a previous relationship. It happens so because courts consider that introducing a new partner of a parent is a highly delicate matter and might disturb the child's emotional wellbeing.
In such cases, getting child custody can get complicated, until and unless the child expresses his/her comfort and wish to stay with the appealing parent and that parent's new partner. However, the court might ask for a psychological assessment and go the distance assessing whether the child has been pressurised, intimidated or emotionally manipulated.
Parents might also feel the need to present a psychological assessment report of the child as evidence of the child's welfare. The assessment has to be carried out by a professionally recognised psychologist or psychiatrist. There may be legal aids to pay for this assessment. If the court seeks out a professional psychological assessment for decision-making, the psychologist's conclusions largely influence the decision with the parents having little scope to change it.
If you wish to change the name of the child after a legal separation from your previous partner and give the child the name/surname of your existing partner, you can seek the services of a deed poll solicitor to do so. The mother would have to seek permission from the father, if the child bears their name. It applies for both parents actually, but since it is unusual for a child to bear the mother’s name that fathers are ever on the other end of getting permission to change the name of the child, but technically both parents have to seek the permission of the other’s to change the name or surname of the child.
Point to be noted that getting the access rights is not the end of the story. Even if the parent gets what they want, whether it is custody or access to the child, the decision would always be open to review and the other parent or any family member can appeal for a new review if they feel that the child is not taken care of.
How To Get In Touch With Solicitors in Cork City
You can get ample information from The Courts Service or your local district court. You can also use the Law Society website to do your research and homework. Several independent organisations are there in Ireland, like the FLAC (Free Legal Advice Centres) that provide ample resources for unmarried parents to get child custody.
