Every relationship confronts troubled waters, but it’s child welfare that matters the most during a divorce or separation. That’s when the term ‘custody’ comes into play. As we all decipher the term, it’s the day-to-day care of dependent children by parents. While mothers usually shoulder this responsibility, the Irish law also grants custody to fathers or both the parents. It’s a part of the negotiation, every couple settling for a divorce reaches at some point in time.
You can categorise this custody into Physical and Legal. While the former entrusts parents with the right to live alongside their children, under the same roof and take key decisions on their behalf; the latter endows them with every right to make choices on behalf of them for education and healthcare without being physically present. Such rights either can be solely taken or shared between the parents. Let’s hear the differences between the two from Breen Walsh Solicitors, the most popular family law solicitors in Ireland. Sole Custody This custody offers only one of the parents to take care of the child. Since most of the times it’s unsuccessful, solicitors in Cork encourage parents to apply for shared custody. Sole custody fails to work when the family court receives evidence of poor physical, psychological and emotional health of a parent. However, it’s somewhat preferable when one of the parents is a drug addict, shares an unacceptable history of drug abuse, and frequently travels for work purpose. In such instances, the court entrusts the responsibility to the other parent, who provides the child with a stable home. Another circumstance when sole custody seems more desirable is when parents stay apart, especially in different cities/ state/ countries. Family laws solicitors here recommend sole custody because it’s unfair for the child to travel frequently from one place to another, just to conform to the laws set by shared custody. With this, the next question that might cross your mind is whether non-custodial parents have the right to see their child. If they are a potential threat to the child, then restrictions might come into play. However, severing all ties and splitting up of relations is never the case. If the non-custodial parent can manage a visitation right, then meeting the child under supervision or non-supervision is always possible. Shared Custody Shared custody, on the contrary, is just the opposite of its counterpart. Here, both the parents exercise the right to make decisions and stay beside their children to act in the best interest. The primary motive of such custody is to provide the child or children with a stable and healthy life after divorce. As both parents share the rights of custody, the next question that might pop up in mind is whether it’s shared equally. To this, remember, it’s not written anywhere to endow them uniformly. However, both shall receive some rights and responsibilities concerning the custody of children. It’s unjustified to expect the same in joint custody. What if disputes arise during decision-making for the welfare of the child? In that case, it’s wise to call upon a solicitor, specialising in family law to step in and take an independent decision. Now, this holds for legal custodial rights, setting the rules apart from a physical one. The latter, on the contrary, bestows rights, not necessarily equal, with one spending more time with the child than the other. Wrapping up: Does all this seem tad complex to a layperson? This is probably why solicitors in Cork exist. You may appoint one of them to understand the best type of custody for you and your child.
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In Ireland, to take any kind of legal action related to children like cases of adoption, foster care and parental custody and to give legal status within the family or any other stature, like a church or an orphan you need to the help of a solicitor. Solicitors can be experts in Family Law who are best suited to decide and advocate for what is most beneficial for the child’s probable future.
To make sure that the child gets the best of care, proper amenities and a decent environment to live in a Family Law Solicitor ought to be hired for this work and he/she has to have the essential qualities that we are going to talk about. Routing The Best Qualities Of A Solicitor for Child Support In Ireland Firstly, he/she should be intuitive, experienced and compassionate for the smooth dealing of all legal issues related to the family concerned when a child is associated. They should be alert and have a good presence of mind to ensure no unwanted tension arises, or hasty decisions are taken that may affect the child’s future in a negative way. A child care solicitor must maintain his composure as much as is possible and to be a guide not only with paperwork but also keep a calm environment keeping in mind the sentiments of the child concerned since such matters tend to get ugly and leave a mark on the child’s mental health. A solicitor has to consider the child as an individual and has to win the trust of the family. This can only happen when he/she gives the guardian or the parents a holistic picture of the consequences of their decisions and all legal matters that will involve the custody be it single or joint. He should also address the situation that they will be facing at court with most sensitivity and a sincere understanding of the client/s. Hiring A Solicitor For Immigrant FamiliesWhen it comes to cases regarding immigrant families or a Pro Bono case who are not well acquainted within the English language or the Irish Family Law or in cases where the case reaches the solicitor when it’s reached the 12th hour a solicitor does not get enough time to his part of the research or get accurate information on time, in such situations it is all the more mandatory that a solicitor is efficient and experienced and wins the trust of his/her client. A solicitor’s most important work is always to examine the legal documents and claims thoroughly such as chronologies, history of the case concerned, any complaints or accusations that have been made, statements to be presented at the court, etc. He should also take into account the preparation of all legal drafts regarding any liabilities, property pool, assets and the like. It is possible that if a person is well acquainted with these matters he or she can do these formalities by themselves but it is best to hire a solicitor. Hiring solicitors in Cork and other big cities is a standard practice because it keeps up with the busy schedule of people that usually the scene of urban living and make legal matters easier to handle. Conclusion In the end, we can conclude that when considering the present world scenario it is crucial for a Family law solicitor to be understanding, warm, trusting and dynamic in his actions especially in cases where there is an involvement of a child/children. |
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May 2021
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