Custody & Guardianship


Custody is the right to the physical care and control of a child. When the parents of a child in Ireland separate and they cannot agree on who should have custody of the child, the court will decide.

When the court is making its decision about who should have custody of the child, the most important factor for it is the welfare of the child. Welfare includes the child’s religious, moral, intellectual, physical and social welfare.

If you are a guardian of a child in Ireland, you have a duty to maintain and properly care for the child and you have a right to make decisions about the child’s religious and secular education, health requirements and general welfare.

Married parents of a child are “joint-guardians” and have equal rights in relation to the child. For children born outside of marriage in Ireland, only the mother has automatic rights to guardianship.

At Geraghty & Co., Solicitors we have extensive experience in dealing with all family law matters including custody and guardianship. We understand that this can be a very difficult period in the client’s life and we always endeavor to deal with these matters in a professional, sensitive and efficient manner.   If you have any query in respect of maintenance or any other legal matter of which we can be of assistance, please contact us herein by phone on 091-565258 or email us at enquires@geraghty.ie or use the ‘Contact Us’ section of our website.