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For married couples, both parents are automatically Guardians of their children and have joint custody of them. For children born to unmarried parents, however, only the mother is automatically a Guardian. The father can become a Guardian by both parties swearing a Statutory Declaration or by the father applying to Court to be appointed a Guardian. A father who applies to court to be appointed a guardian is granted his request in the vast majority of cases and is only refused Guardianship in a small minority of cases where the Court considers it to be not in the best interests of the child. Guardianship should not be confused with custody. Guardianship gives a right to have a say in the upbringing of the child whilst custody refers to the day to day control of a child. It is not necessary to have custody to be a Guardian. Where a child resides primarily with one parent, whether married or unmarried, the other parent has rights of access to the child. There are no prescribed access rights and it varies from case to case. If access arrangements cannot be agreed upon by the parties then one party can apply to the District, Circuit or High Courts for an Order granting access. The majority of access Orders are made in the District Court. In some cases where the relations between the parties is particularly bad a Court can order a report to be prepared for it to advise the court on what arrangements are in the best interests of the children. Such reports so also, however, add to the costs of the parties.
With Tallans Solicitors (Ashbourne) LLP, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.
We understand that most people seeking legal advice regarding family law, have liked experienced a difficult time before they reach out and are cautious as to how long the process of resolving these issues may take. For the majority of cases, mediations take place with the goal of reaching lead to an agreement; therefore the duration is mostly governed by the speed of those mediations. At Tallans, we advise that unless an agreement is distinctly achievable within the first few months, that proceedings are suitable as the court timetable then becomes a factor in the resolution time. As an example, in financial proceedings following divorce, the initial court appointment is marked for 3 months after the issue of proceedings with the court. If an agreement is not reached before that meeting and/or terms are not agreed at court at the appointment, then a further date would be set by the court for roughly 3 months later and so on.
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Tallans Solicitors (Ashbourne) LLP, we have substantial experience in all aspects of family law. Over the years we have helped hundreds of our clients to resolve difficult situations affecting their families. Our highly skilled solicitors, specialists in the area of family law, have built up a large and successful reputation in this area. – Act with understanding and empathy – Ensure the highest level of confidentially – Seek the most amicable arrangement – Aim to resolve the matter outside of the courts.
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