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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My son and I have been living with my partner last 3

Customer Question

My son and I have been living with my partner for the last 3 years (Who is not the father of my son). The question I have is, what does the law state if anything happens to me? Would they take into consideration that my son has been brought up by my partner
for all these years? Or would they remove my son from him as he is not the father and we are not married, and place him to live with his father? Which would mean that not only he would lose me, but also his 'step dad' and 'step sister' as my partner has a
daughter who stays with us every two weeks.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 2 years ago.
Is the father of your son a guardian? Does he have regular access??
Customer: replied 2 years ago.
Not at the moment. Though he has mentioned that he wanted this if he was required to pay maintenance and then mentioned that it was mainly for medical reasons as if anything would happen only a guardian would be able to get him treatment or assisted by a doctor.He has regular access has him once every two weeks for the weekend, even though he does work most of the time when my son is with him.
Expert:  Ronan replied 2 years ago.
IF you were to pass away, where your child's father is involved and has regular access. It is most likely that he would be granted both guardianship and custody not withstanding that your partner is now also heavily involved in your child's life.At present, as there would be no guardian if you died, an emergency care order would be made to the HSE who would prepare a care plan
Customer: replied 2 years ago.
Is there anything that could be done to ensure or help guardianship and/or custody could be granted to my current partner?
He's been more of a father and taking care of my son. And to be honest I would fear for my son's mental well being if he would be living with him on a permanent basis. As the main reason I left him was because he was mentally abusive towards me and on two instances even physically. I think you can understand my concerns because of this. We were thinking about civil partnership, would this change our status?