Guardianship Question

J

jomarie

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Hi, I was wondering if anyone could share some information or knowledge regarding the following - I have a daughter from a previous relationship, aged 7. She's sees her Dad once a week and has done since birth. We weren't in a relationship when she arrived so there is no ties with us. I met someone 6 years ago and we now have another child. We are getting married next year. My question is, as sole guardian for my daughter ( her dad never wished to apply for guardianship) can I appoint my husband to be as guardian on my behalf if something were to happen me? And also in the event of something happening me, if, my daughters father wanted custody, would they be able to seperate her from her sibling and take her from my husband to be, who has also been her dad full time since she was a new baby? I am not saying that her biological dad would want custody, because we have a very amicable agreement that he sees her once a week and the door is open for him to spend more time with her, but he has never taken the oppertunity. Any advice would be greatly apprectiated
 
Please edit the title of your thread to make it more meaningful. You will get a better response that way.
Leo
 
Your former partner would have to give up all rights to his daughter to allow the adoption take place; you will have to make a formal application for this to happen.

As a general rule, if it comes to court, siblings who have been raised together will not be separated; it's enough to lose a parent than to lose a brother or sister as well.

Having said that I do know of one case where the parent had asked that one child would be raised by her natural father and the other child went to his grandparent. I thought it was very sad personally.
 
Thirsty said:
Your former partner would have to give up all rights to his daughter to allow the adoption take place; you will have to make a formal application for this to happen.

As a general rule, if it comes to court, siblings who have been raised together will not be separated; it's enough to lose a parent than to lose a brother or sister as well.

Having said that I do know of one case where the parent had asked that one child would be raised by her natural father and the other child went to his grandparent. I thought it was very sad personally.
Click to expand...

That's really sad. That would break my heart to have them seperated. We have a home and we are a family and if something happened me, I know for sure, my daughter would want to stay with my husband to be and her brother. My husband to be wouldn't look to adopt her, he wouldn't want to take that privilege from her natural father, he just wouldn't want the kids seperated or for my daughter to be taken from her family home, and after all, he sees her as his own flesh anyway. It's good to hear that the court wouldn't generally seperate kids :cool:
 
Take a look at treoir.ie

It is an information service for parents who are not married to each other.
 
You can leave your (sole) guardianship rights to anyone in the event of your death via your will so you could appoint your husband to be as guardian in your will - if your daughter's biological father hasn't already asserted his guardianship then only your husband to be will be able to make the decision's only the child's guardian can i.e religion, education, health, passport, etc. Its only relevant until your daughter reaches 18. As advised, Treoir are the 'go to' people for this topic.

A
 
Fabby's suggestion only applies when you are dead (heaven forbid, but you need to consider if you were mentally or physically incapacitated); also a testamentary guardian can be contested.
 
Thanks for your response!! It's put my mind at rest, my main concern was that she would be seperated from her brother. But from what i've been reading it would have to be an extreme reason before they would do that. I'm sure her biological father wouldn't do that anyway....but you can never be sure
 
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