# Legal Guardian of child of unmarried mother who has died



## geri (7 Apr 2011)

Hi,
Can anyone help me in relation to the legal status regarding guardianship of a child (under 18) whose mother has died. The mother was unmarried and no longer in a relationship with the father, however the father still has regular contact with the child. The child is currently living with its grandparents although nothing has yet been done to make this official. I have done some searches on the internet, but can't seem to find the information. I have been told that the child is now considered and orphan. Is this the case when the father is still alive?
Thanks
Geri


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## csirl (7 Apr 2011)

Does the father have guardianship (which is not the same as custody)?

I would guess that in circumstances where the father sought custody, it would be automatically granted unless there were rare circumstances.


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## geri (7 Apr 2011)

Hi,
The father does not have legal guardianship, nor is he seeking it.  I suppose I'm just wondering what the status of the child is now in the eyes of the law.  Is the child an orphan?  Who is legally responsible?
Geri


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## Green (7 Apr 2011)

geri said:


> Hi,
> The father does not have legal guardianship, nor is he seeking it. I suppose I'm just wondering what the status of the child is now in the eyes of the law. Is the child an orphan? Who is legally responsible?
> Geri


 
Did the mother have a living will, i.e. did she say in the event of her death who the child would live with be looked after by? I doubt if the child could be considered an orphan as one parent is still alive albeit perhaps not heavily involved with the child. If no living will maybe the next of kin should approach a solicitor and go to the Family Court to get custody.


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## csirl (7 Apr 2011)

Local Family Law Court office should be informed of the situation so that the issue is sorted out asap.


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## mf1 (7 Apr 2011)

'Local Family Law Court office should be informed of the situation so that the issue is sorted out asap. '

Thats not how it works. The Court Office does not take steps of its own volition. Someone ( grandparent/father - preferably by agreement with each other) should apply to Court to be appointed guardian as per attached link. 


http://www.irishstatutebook.ie/1964/en/act/pub/0007/sec0008.html#sec8

mf


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## csirl (8 Apr 2011)

Isnt the default situation that the child's guardian is the State and affairs are handled by the Wards of Court Office? In such cases there is no guarantee that someone will apply to the court to take on guardianship and somone, ie. the State, has to act as guardian until such time as any application is made and decided upon?


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