Republic of Ireland Law

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I am the father of a 12 year old girl and i have shared

Customer Question
Hi, i am the...

Hi, i am the father of a 12 year old girl and i have shared custody of her . Her mother is abusive to her, both verbally and at times physically. She wants to live with me full time because of this! what can i do?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No , i was hoping things would settle down but i know now i cant let it continue , this is my first step towards a legal solution

Lawyer's Assistant: Family law varies by state. What state are you in?

I'm in ireland

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 4 months ago.Category: Republic of Ireland Law
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Answered in 7 hours by:
3/30/2018
Solicitor: Buachaill, Lawyer replied 4 months ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,228
Experience: Barrister 17 years experience
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Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

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Solicitor: Buachaill, Lawyer replied 4 months ago

1. Essentially what you need to do is to make an application to your local Circuit court to vary the existing custody arrangements so that you now have custody of your 12 year old daughter and not her mother. I would advise you to get yourself a solicitor and barrister for this purpose particularly if the mother is likely to oppose your application for custody.

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Solicitor: Buachaill, Lawyer replied 4 months ago

2. Obviously, there is no need for a court application if the mother agrees to you taking custody of your daughter. However, you should get your solicitor to formally write to the mother and request custody. Additionally, if you are on good terms with the mother, you can speak to her and see if she is agreeable to you taking custody.

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Solicitor: Buachaill, Lawyer replied 4 months ago

3. Be aware that whilst the mother usually gets custody of the children, if there are instances of abuse, a court is likely to vary any existing custody arrangements. Be aware that the Judge is also likely to ask the girl who she would prefer to be with, as your daughter is now of an age where her opinion will be taken into account.

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Solicitor: Buachaill, Lawyer replied 4 months ago

4. Be aware that you may also be entitled to Legal Aid for a custody application. So, you should speak to your solicitor about getting a Legal Aid certificate for the application.

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Solicitor: Buachaill, Lawyer replied 4 months ago

5. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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