Hi
I've recently received a court order from the father of my child who I split with 3 years ago he wants guardianship of my daughter I don't want him having it because he can't look after her properely I have proof of him having put a scar on my forehead an has never paid maintenance not once or school fee's he is on the dole but is also doing odd job's which I also have proof of and also he has had plenty trouble with the garda over fighting and damaging peoples property oh yes and I also have him recorded on my phone verbally abusing me very badly do I have a good case in stopping him from getting it cause I would prefer my mother having guardianship if anything should happen to me

Umm you are leaving something out here. Why would he need to ask for guadianship. Sounds to me like something has happened that someone is trying to take your child from you.

If he's looking for custody, that makes more sense, but if you have custody and he's trying to take it from you, he would need to prove you are unfit as a mother. And that's very hard to do. Seems to me you have sufficient proof to show he is more unfit.

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Originally Posted by ScottGem

Umm you are leaving something out here. Why would he need to ask for guadianship. Sounds to me like something has happened that someone is trying to take your child from you.

If he's looking for custody, that makes more sense, but if you have custody and he's trying to take it from you, he would need to prove you are unfit as a mother. And that's very hard to do. Seems to me you have sufficent proof to show he is more unfit.

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Quote applebuster
I'm her sole guardian she lives with me and go's to school near my house he is not applying for custody its only guardianship its so that if I die he will get full custody and that he also has full equal rights as her father like I do I don't want him ever having any right over her he's an abusive person that's why I left him my daughter does see her dad I can't stop that cause she is 10 and cry's when she doesn't see him but when she does she comes back home wit a big attitude towards me and my partner at present her father is her blood and I wouldn't consider him as a good dad he has her every weekend it suits him and she usually ends up wit a sitter so he can go drinking then I have to pick up the pieces of her crying cause she thinks her dad isn't good enough but still she want's to visit him all I want is that he doesn't in court get guardianship I'm so worried for my daughter's future with her being around this man...

Where are you located? I'm going to guess outside of the U.S. because of the way you spell a lot of words. In order to give you a good answer we need to know the location of the case. IF in the U.S. he already has rights to her being that it is his child and upon your death has automatic first dibs on his child(ren). Is it through a court order that you have physical custody and he has visitations?

I'm from ireland

And its because I'm her mother that I have full rights to her an that's why she lives with me her father doesn't pay a penny towards her an shows no love towards her she would grow up as twisted as he is if she was to ever live with him he is only applying to be her guardian so he has the title not because he wants her he is very evil and twisted sorry for sounding so crude but iv'e been through so much bad stuff because of this guy

First, you really need to let us know your general location when posting, especially legal questions as laws vary by location.

I don't know the laws in Ireland, but in the US (which is generally similar) Custody and guardianships are two different things. Also there are two types of Custody (Legal and Physical). You don't say whether you were ever married or whether he is on the birth certificate. If you expect us to help you need to give full info.

In the US, both parents are deemed to have joint legal custody, but the mother generally has physical custody. If the father is not deemed the legal father by a court, then he will have no rights until a court designates him as the legal father.

Guardianship is generally awarded or assigned to someone other than the legal parents, in cases where the legal parent(s) are not around.

Also in the US, if he is the legal father then he would be able to claim the child if something happens to you. Even if you had a will stating you wanted your mother to become guardian. But no court action would be entertained until there was a need to determine who the child lives with.

My advice is to consult a local solicitor to determine how the laws work where you live.

We were never married and yes he's on the birthcert we'v been split up years my daughter is 9 I can't have this guy winning guardian ship over her cause it would not be a good thing I have contacted my solicitor and I meet with him tomorrow so that will be very helpful for me cause I will need him for court thanks very much you have been helpful I will leave the rest for my solicitor

Thanks very much
Louise