A7SC010: Dolores and Michael were living together in her apartment since January 2017 and They met at the Rutland Centre: Social Policy and Law for Social Care 2 Assignment, DBS, Ireland

Assessment Task

Dolores and Michael were living together in her apartment since January 2017. They met at the Rutland Centre where they were both attending for alcohol abuse. Dolores became pregnant in March 2017and they both agreed to give up alcohol completely at that point. Their daughter Maria was born on January 1^st, 2018.

Dolores discovered a drink in the apartment in June 2018. She demanded that Michael leave the apartment and told him that she will not let him see Maria again. Michael was homeless for a time after this and was drinking again. He spent six months in prison on petty theft charges.

Michael seeks your legal advice. He tells you that he deeply regrets his mistake of bringing a drink into the apartment, he is now attending AA and has not touched a drop for 6 months. He also tells you that he has his own apartment, and he has a job working in a restaurant.

• Explain to Michael his rights as the father of a non-marital child to the guardianship of his daughter. Do you think that Michael will be successful in his application to get guardianship of Maria?
• Should Michael apply for custody? Explain to him what custody is and what he needs to do in order to gain custody of Maria.
• Access should also be considered. Explain to Maria how access differs from custody and how he might apply for it.
• Advise Michael how the best interests of Maria may be taken into consideration at all stages.
• Dolores’ parents have been a part of Maria’s life since she was born and until recently they looked after her three days a week while Dolores worked. Dolores has fallen out with her parents and is refusing to allow them to see Maria. They are devastated. They now seek your advice as to what they can do to see their granddaughter again. Please advise.