Custody Questions

[asore1]

What is the name of your state?CA
I am going to make this short and to the point, but I can provide any details that may be missing if anyone wants/needs them.
My brother's wife left him and took their son. He filed for divorce a few days later. The papers that were served to ex-wife stated that my brother was to have sole legal custody, with no visitation until the hearing. However, my brother does not want to keep the child away from his mother. Instead, he wants visitation during the weekend, allowing the child to be with his mother during the week.. My question is this: If my brother allows visitation with the mother and she then refuses to bring him back for visistaion, what can happen? Is the paperwork void if he allows visitation, does he have the discretion to allow visitaion, and would he have any recourse should she decide to not bring the baby back at the time they have agreed upon?
Sorry- so much for short and to the point.
Thanks in advance...

 

[Shay-Pari'e]

Your brother is under a court order now. He persued this matter, and now want's to change things? He needs to wait for the hearing, if a judge ordered no visitation, he has a reason and knows more than you or I or anyone on this forum.

 

[LdiJ]

What is the name of your state?CA
I am going to make this short and to the point, but I can provide any details that may be missing if anyone wants/needs them.
My brother's wife left him and took their son. He filed for divorce a few days later. The papers that were served to ex-wife stated that my brother was to have sole legal custody, with no visitation until the hearing. However, my brother does not want to keep the child away from his mother. Instead, he wants visitation during the weekend, allowing the child to be with his mother during the week.. My question is this: If my brother allows visitation with the mother and she then refuses to bring him back for visistaion, what can happen? Is the paperwork void if he allows visitation, does he have the discretion to allow visitaion, and would he have any recourse should she decide to not bring the baby back at the time they have agreed upon?
Sorry- so much for short and to the point.
Thanks in advance...

Ok...I am confused. Did your brother get a temporary custody order giving him sole custody, with no visitation to the mother? If so, how? That would be extremely unusual unless he made fitness accusations against the mother and had evidence.

If that is the case, and a judge actually ordered NO visitation then yes, he could mess things up by allowing the mother to have visitation during the week with him having the child on the weekends.

If the order was simply silent on the issue of visitation, or if the papers you are talking about is what your brother requested rather than a temporary order, that changes things.

Can you clarify?

 

[asore1]

. My brother's ex-wife was abusive to him, and had facts to back it up. These facts included past police reports. When he went to the paralegal and gave them his side of the story, the divorce paperwork stated the petitioner was to have sole custody, with no visitation allowed until the court hearing. He was set to get a restraining order when he filed for divorce, but chickened out at the last minute because he loves her and wants her to come back- he is a fool with a broken heart. That may be why he was given temporary custody. He does not want to make waves by keeping the boy because he is in fear of her and her family not letting him see the baby again. I do not believe he asked for full custody, but I could be mistaken. He wants to make thing as simple as possible, and doesn't want to keep the baby from Mom. He is not thinking clearly, and I am not sure how to help. Our whole family is affected by this, and I am frazzled as I write.
Why does he want the baby to go with Mom at all? Because he is stupid stupid stupid. I am not sure what else I am missing here, so I will wait for someone else to read what I added.. It is such a mess. I hope I answered your questions.

 

[asore1]

I am just going to break it all down and make some sense.
Brother got married when he was 18.
They were ok for awhile, but then started fighting a lot.
Baby came, everyone was happy for a while.
Brother and wife started fighting again. She was abusive to him- he has had black eyes, bruises, the works. Never fought back.
Fast forward two years- still fighting, never happy, etc. He comes home from work at 3am and finds wife and baby gone.
After some pushing from parents, brother files for divorce two days later. He told the paralegal everything, showed police reports. Brother still had a black eye when he went to file paperwork. Was also granted a restraining order, but never had it served or followed through. Brother thinks that everything is his fault, and wants wife to come back. Blinded by stupidity and some twisted form of love.
The papers that were served to wife stated that brother was to have full custody with no visitation until they went before a judge.
Mother has retained custody, and brother has had son for the last two weekends. This is something that they talked about the day after she left him.
They got into a fight over the weekend, and she is threatening to keep the baby.
My question was this- did brother mess up by allowing son to go back with mom? Does she have the right to keep baby away? Brother will not listen to reason because he is convincedthey are getting back together. Hope this helps...

 

[asore1]

Brother is enrolled in parenting classes. Thanks for all of the replies. The only important person to me, in my opinion, is my nephew. He is the light of our lives, and everyone but brother can see what a devil mom is. Although I cannot say for certain that Mom is not a danger, I have never been a witness. I just want to prepare myself in case there is a chance that I may never see the baby again. He is the only nephew/ grandchild, and it is his interests that we are ultimately trying to look out for.

 

[LdiJ]

I am just going to break it all down and make some sense.
Brother got married when he was 18.
They were ok for awhile, but then started fighting a lot.
Baby came, everyone was happy for a while.
Brother and wife started fighting again. She was abusive to him- he has had black eyes, bruises, the works. Never fought back.
Fast forward two years- still fighting, never happy, etc. He comes home from work at 3am and finds wife and baby gone.
After some pushing from parents, brother files for divorce two days later. He told the paralegal everything, showed police reports. Brother still had a black eye when he went to file paperwork. Was also granted a restraining order, but never had it served or followed through. Brother thinks that everything is his fault, and wants wife to come back. Blinded by stupidity and some twisted form of love.
The papers that were served to wife stated that brother was to have full custody with no visitation until they went before a judge.
Mother has retained custody, and brother has had son for the last two weekends. This is something that they talked about the day after she left him.
They got into a fight over the weekend, and she is threatening to keep the baby.
My question was this- did brother mess up by allowing son to go back with mom? Does she have the right to keep baby away? Brother will not listen to reason because he is convincedthey are getting back together. Hope this helps...

There is still one important answer that isn't clear to me at all...DID A JUDGE GIVE YOUR BROTHER TEMPORARY CUSTODY AND ORDER THAT THE MOTHER GET NO VISITATION?

From what you are saying your brother when to a paralegal and drew up paperwork ASKING for full custody...but you have given us nothing to indicate that a judge actually ORDERED that.

You won't get good answers from anyone unless you give accurate information.

 

[asore1]

The judge has not ordered anything yet. I am just going by what was on the paperwork that was served to wife. I did not know that it was simply a request. I am not familiar with the divorce process, and it all looks so official to me. Sorry I had to talk in circles and ramble before I realized what you were asking.
In the area where custody is addressed, the box is marked under petitioner. Typed in next to it,it says " Full physical custody". Underneath it, there was a box that said "Visitation", and typed next to it reads "no visitation until court hearing", and the respondent's box is marked. I am confused myself, so I probably should not even be asking for advice..... Just really scared. Please know that I do appreciate all advice.

 

[asore1]

Thanks to those who tried to help.

 

[Whyte Noise]

What the mother got was just the petition stating what the father wanted then.

There is no order yet, so he doesn't have custody yet.