When divorce is granted to a couple, the next thing to consider would be who will get full custody of the children. Child custody in Ireland is granted by the court to either the father or the mother of the kids. It is the day-to-day care and nurturing of the dependent children in one parent’s house. The mother is usually given the custody being the automatic guardian. Sometimes both the parents get joint custody. If the couple is not married to each other though, guardianship will not be given to the father. If he wishes for this, he has to apply for it in the courts.
Usually a divorce is psychologically exhausting and the couple will tend to show their wrath for each other by disagreeing in the other’s plans. That is why it is better to take matters into the court because they will decide for what is best for the children. When one is granted custody, the other parent is granted access where he or she can visit their children in a given schedule approved by the courts. Sometimes the parents would split their children but the courts disapprove of this because they would want the siblings to be together which is better for them.
Giving access to the other parent is actually the children’s right as declared by the court. When the custodial parent commits something bad that would harm the children, the non-custodial parent can go to the court and ask for them to reverse the custody order they issued. Other relatives like the grandparents or aunts and uncles can apply for access to the children. If they are interested to do this, it is better for them to visit their Solicitor first and ask for the legal options. Financial support will be given to the children by the parents. The court has to issue an order to the non-custodial parent to give maintenance to the custodial parent so that the needs of the children will be provided. The monthly support will depend on the earnings of the parents and the needs of the children who are below 18 years old. The support given will be for the children’s food, clothing, shelter, school needs, and other necessary things.
Failure to give financial support is considered a crime. If the obliged parent does not give any support despite a court decision, the custodial parent can go to the court and apply for an Attachment of Earnings Order. The court will then notify the obliged parent’s employers to deduct the amount needed from the salary of the obligor. If the latter still fails to meet his responsibilities, imprisonment will await him or her.
If you and your ex-spouse are battling for child custody, it is advisable for you to know all the legalities of this and the actions to take. It is also better if you get a solicitor to help you in this personal endeavor. Because you are emotionally weak during these times, you will need someone with you who are level-headed and can battle it out for you in court. You will need legal assistance.