Help for My Neice

What is the name of your state? Im in Il hes in IA

My brother was with this girl for just over 2 yrs. Well last month she died unexpectedly. They were never married and have a 5 month old little girl.

Well its a month later and he was just served with custody and support papers by his GFs best freind. Shes claiming that hes unfit. All becuz after his Gfs funeral he let me and my husband take my neice to our house for a week.

Actually she wants him to give up all rights to his daughter

His daughter has his name his name is on the BC and he signed the BC

Were thinking she just doing this becuz he wants to move back to IL to be around family and she doesnt want him to take her.

Hes literally freaking out not only still coping from GFs death but now this.

Can I file for gaurdianship of my neice here in IL and if he agrees will that stop the other custody issue.

[stealth2]

Why doesn't he file for custody? He's her father - he's the one who should be caring for her.

Why would HE need to file for custody? I thought custody always went to the other parent when one dies.

I mean this is so not right he just lost his GF and now someone wants to take his daughter.

Were just trying to find ways to avoid that

[VG1013]

Because that is the law...he must file for custody to gain custody of his daughter.

[stealth2]

I am assuming that they weren't married. And since someone else has filed for custody, it's going to go through the courts anyway (which it would regardless, I believe). Why is it better for the child to be with you than her father?

i dont think he needs to file for custody tho all he has to do is contest the one the freind brought up he lived in the same house as his daughter

And hes moving in with me its not like hes not gonna be here we just thought it might put w snag in the other

[stealth2]

Maybe it would be wise if he consulted with a local attorney to be sure on what he needs to do.