Father's rights

Young dads, know where you stand.

If you have recently become a father, congratulations! It is bound to be a hectic and exciting time for you, and you might have lots of questions particularly regarding your rights. So, SpunOut has decided to set you up with some of the basics regarding your rights.

If your child is born outside marriage, the mother is the automatic sole legal guardian of the child.
If the mother agrees, both parents can sign a document called a “statutory declaration” declaring that both parents are joint guardians. This document must be signed in front of a Peace Commissioner or a Commissioner for Oaths.
If the mother will not sign a statutory declaration, the father can apply to the district court to be appointed a joint guardian. Fathers do not need a solicitor to do this, as they can represent themselves in these types of court proceedings.
The court will consider the position of the father and the best interests of the child, even if the mother does not wish for you to have guardianship rights.
If you are appointed joint guardian, your consent will be required for certain issues to do with your child, such as passport applications.
Your guardianship rights can be removed if it is declared to be in the best interest of the child.
If you marry the mother after the child is born, you will automatically become a joint guardian of the child.
If the mother of your child marries someone else, you will still remain the joint guardian of the child. If the mother and her husband wish to adopt the child, they must get your consent. If they adopt the child, you will no longer have joint guardianship of the child.
You have the right to privacy so all family court proceedings are held ‘in camera’. This means they are not open to the public and only involved parties and their solicitors are present.
You are entitled to regular contact with your child even if you do not have custody of them, unless a court has declared you unfit to have contact.
The maximum maintenance order for children is €150.00 per child per week. The maximum maintenance order for a spouse is €500.00 per week.
Maintenance orders must be paid. If your financial circumstances have changed, seek legal advice or let the court know, as you could run into legal problems if you just stop paying.
If the mother of the child is being abusive towards you or the child, you do have rights. Contact the Gardai or AMEN.