What is child custody?
Child Custody is the right of a parent to exercise physical care and control in respect of the upbringing of his or her child on a day-to-day basis. The married parents of a child are automatically joint guardians and custodians of their child.
What happens when married parents separate?
Where married parents have separated or divorced, they can decide between themselves on custody arrangements for their children. If they cannot agree, they may try to work out an arrangement through mediation but if that fails they must apply to the court for a final decision.
What is the position where the parents are not married?
Where children are born outside of marriage the mother has an automatic right to custody. A father who is not married to the mother of his child can apply to the Court for custody in the absence of agreement. It is not necessary for a father to have guardianship rights before he applies for custody.
If an unmarried mother does not want custody of the child and intends to place or has already placed the child for adoption, the unmarried father may still apply for custody.
Where can I make a Child Custody Application ?
Where the parents cannot agree on joint custody the father can apply to the local District Court. As will all cases involving children, any decision made by the court will be made in the best interest of the child.
Appeals
If you are not happy with the decision made by the court you have the opportunity to appeal.
Initial Advice Consultation
Contact Details:
1. Call us on 052 61 21999 between the hours of 9 am to 5 pm – Monday to Friday.
2. Email us – info@clearysolicitors.com – with a contact number and we will call you back.
3. Fill out our online Enquiry Form.
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