Can she do this?

[lylah]

What is the name of your state? NH
My brother has a baby girl (almost 2 years) with a woman whom he lived with for 3 years. This woman is money hungry. She has put my brother in terrible debt. Well, when he finally took her creditcards away she left him. Took the child and got a restraining order saying he shoved a door on her. A week later I went to court with him and the mother said horrible untrue things about my brother. I feel the judge sided with us. She got the date wrong that he supposably beat her up. She picked a day he was working. Then she stated how scared she was of him then at the end of trial walked over to our table to talk to him and the judge yelled at her. Anyways..my brother hasnt seen his daughter in 3 weeks and has no idea where she is. He filed the papers for joint custody 2 days after receiving the restraining order and is waiting for the papers in the mail. There is still a temporary restraining order on him til the judge sends his decision. Anyways..does she have the right to keep the baby away from him? The restraining order was between the mother and my brother, not the baby. Its xmas time and this whole family is feeling the loss of this little girl. Can someone please advise? Thanks

 

[stealth2]

If there aren't any visitation orders, she has no obligation to allow him time with the child. May not be fair, but that's the way it is.

 

[BelizeBreeze]

Until the case is heard yes, she does. You also never mentioned if the two were married. If not, your brother is NOT the father until paternity has been established and a court says he is the father.

 

[lylah]

No there isnt visitation yet. How sad how some women do this. She always told my brother if she left him he would never see his daughter, yet she always told me she wasnt that kind of woman. Thankfully, my neice is young enough that she wont remember any of this.

 

[lylah]

Marriage

No they were not married. So who orders the paternity test? The courts? I really appreciate this advice

 

[BelizeBreeze]

No they were not married. So who orders the paternity test? The courts? I really appreciate this advice

That's it. He needs to wait.

 

[haiku]

if paternity was not established at the time of the birth, (brother would have signed a paternity affadavit seperate from the birth cert) it will be brought up at his court hearing for custody.

Without the signed affadavit, either he and mom agree in court, he is the father, and the case will proceed uncontested, or The mother, and/or the father can protest and ask the court for a DNA test.

your brother should really consider having the testing done.