Child Custody advice & information from a Child Custody solicitor in Cork

Child Custody advice & information from a Child Custody solicitor in Cork

Welcome to Johnson & Co, Solicitors, Cork. We offer a friendly, professional and competitively priced Child Custody, Child Access and Child Care service, whether you wish to initiate legal proceedings or have been served with such proceedings or whether you simply want to get advice on the subject.

Bringing a legal end to a marriage or relationship, whether through divorce or separation, can be a stressful and expensive process. However an experienced family law solicitor (divorce solicitor) offering the right legal advice can help you to achieve a strong settlement and to manage difficult issues such as child custody and child access.

This page has some useful information about Child Custody. You may also be interested in our pages about Family Law, Divorce, and Judicial Separation.

While we have tried to provide some basic legal information, no website can answer all your questions. Do you live in Cork? If so please call now to book a telephone or face-to-face conversation with an experienced Cork solicitor.

About Child Custody and Access

On the breakdown of a marriage or a relationship the most important consideration is the custody of the children of that marriage or relationship. According to the Law in Ireland Section 3 of the Guardianship of Infants Act, 1964 which is the principal legislation with some amendments covering the area of Guardianship, Child Access and Child Custody says that

“the court…….. shall regard the welfare of the infant as the first and paramount consideration.”

Custody means where the child lives on a day to day basis. Access to children may be legally granted to the parent who is not living in the same household. In the event of a dispute, child custody in Ireland is granted by the court to either the father or the mother of the children. The mother is usually given the custody as well as enjoying automatic guardianship. Occasionally both the parents are granted joint custody. In some circumstances the father is granted legal custody with Access rights being granted to the mother.

How to get custody of a child

If you are not living with your children and you wish to be granted legal custody of your children you must apply to the District Court for an Order for Custody. A natural father has no rights of custody in Irish law in the absence of a court order granting them and a natural father has no right to determine the place of residence of his child save as may be granted to him pursuant to a court order. If you cannot agree Custody with the other parent then you will need a solicitor to make the legal application to the District Court on your behalf. Johnson & Company, Solicitors are very experienced in handling such legal applications and we can advise you and guide you through the legal process.

If the other parent does not consent to the legal application then a judge must decide who should be granted custody always subject to the overriding consideration of the best interests of the child. In general where a child is of tender years the courts consider that the child in question should reside in the custody of its mother. Under Irish Law in a disputed custody application the legal factors which a court will take into account include the welfare of the child including the religious, moral, intellectual, physical, emotional and social welfare of the child, the age of the child, parental capacity, the wishes of the child and other siblings.

Access

When one parent is granted legal custody, the other parent may be granted access where he or she can enjoy Access to their children on a given timetable agreed or approved by the courts. The amount of access that might be granted to a parent the non-custodial parent will vary from case to case. If it is not possible to reach a settlement through negotiation with the other parent then by Law a judge will have to decide. Access can vary from as little as one hour per fortnight in the other parent is home to a number of hours on a daily basis and also access for holidays, birthdays, Christmas and other special occasions. When one parent is granted legal custody, the other parent may be granted access where he or she can enjoy Access to their children on a given timetable agreed or approved by the courts.

The amount of access that might be granted to a parent the non-custodial parent will vary from case to case. If it is not possible to reach a settlement through negotiation with the other parent then by Law a judge will have to decide. Access can vary from as little as one hour per fortnight in the other parent’s home to a number of hours on a daily basis and also access for holidays, birthdays, Christmas and other special occasions.

How to get access for a child

If you cannot agree Access with the other parent then you will need a solicitor to make the legal application to the District Court on your behalf. Johnson & Company, Solicitors are very experienced in handling such legal applications and we can advise you and guide you through the legal process.

We can help

Johnson & Co, Solicitors, Cork have more than 17 years experience in successfully handling many sorts of child custody disputes. At Johnson & Co, Solicitors, Cork we are able to offer legal advice and representation in respect of a child custody dispute.

Book a telephone or face-to-face consultation with an experienced solicitor.

Call021 484 7771

or email enquiries@johnsonsolicitors.ie