Non-married father seeking custody

[stealth2]

I suggest to everyone- have a background check done on any person you are about to sleep with, it costs about 38.00, and can be the best investment you can make for your future.

Getting to know the person before knocking boots is also a great idea.

 

[MarlenePowers]

May as well go for the Trifecta. Libraries are open on Saturdays.

My answer to that is, in the real world attorney's cost money. Just for an attorney to take the case was 3,500.00, with the understanding that that's just to get started. Not everyone is fortunate enough to work just M-F. Everyone's circumstances are unique. It doesn't mean they don't have the child's best interest at heart. Are you saying because there are libraries open M-Sat that we shouldn't bother asking here for information???

 

[stealth2]

My answer to that is, in the real world attorney's cost money. Just for an attorney to take the case was 3,500.00, with the understanding that that's just to get started. Not everyone is fortunate enough to work just M-F. Everyone's circumstances are unique. It doesn't mean they don't have the child's best interest at heart. Are you saying because there are libraries open M-Sat that we shouldn't bother asking here for information???

No - I'm saying that there are ways your brother could do some of his own legwork. Again - he knows the situation better than you do. And therefore would be more likely to get more meaningful help if HE could answer the necessary questions. Instead, we get excuse after excuse of why he can't do so.

 

[Ohiogal]

In response to this: The mom has an arrest record a mile long for DV. Her husband has come forward, yes I said her husband. It gets worse everyday. She abandoned her 7 yr old daughter with him. So that's a total of 3 children now including the 8 week old. She is also skipping out on paying restitution for the windows she kicked out of a police car and on probation for drunk and nude in public. Yes I say by all means lets 'protect' this mom and help her hide from her illegal activity.

I suggest to everyone- have a background check done on any person you are about to sleep with, it costs about 38.00, and can be the best investment you can make for your future.

So your brother is NOT the legal father. The legal father is the woman's husbnd.

 

[mistoffolees]

My answer to that is, in the real world attorney's cost money. Just for an attorney to take the case was 3,500.00, with the understanding that that's just to get started. Not everyone is fortunate enough to work just M-F. Everyone's circumstances are unique. It doesn't mean they don't have the child's best interest at heart. Are you saying because there are libraries open M-Sat that we shouldn't bother asking here for information???

What does that have to do with the fact that your brother should be the one posting here? He could have provided all the needed facts right at the beginning (like the fact that the woman was married at the time of birth - making the child legally her husband's).

 

[MarlenePowers]

What is the name of your state (only U.S. law)? Mississippi- How do you serve court papers for paternity test and custody when the mother is hiding in a domestic violence shelter? She has post-pardem depression and left her medication. She also left court documents detailing how she lost her first born child to domestic violence and parental abuse. I'm just the Aunt trying to be supportive of my brother. Any advice would be greatly appreciated...

I posted exactly who I am in the very beginning of this thread. If I or my questions are not welcome then why pray tell would any of you reply. If this site is for support and legal advise then give it by all means. But keep in mind how your post come across when they are read. They may not be in all caps but a lot are argumentative and not informative or even necessary.

 

[stealth2]

And the very first reply advised you to have him ask for himself and why that was important.

 

[MarlenePowers]

And the very first reply advised you to have him ask for himself and why that was important.

Then I'm sorry for seeking knowledge and understanding of the process. As I stated when I started this thread I'm trying to be supportive. My only interest is the safety of a child. Sorry for bothering you all.....

 

[MarlenePowers]

So your brother is NOT the legal father. The legal father is the woman's husbnd.

Don't understand....Mom's husband has met with my brother's attorney. He has joined the case. What can he do?

 

[mistoffolees]

Don't understand....Mom's husband has met with my brother's attorney. He has joined the case. What can he do?

They will ask the court to determine paternity via a paternity test. If your brother is shown to be the biological father, he will have the right to ask for visitation and will have the obligation to pay support - if warranted based on income and other factors.

He would also have the right to ask for custody. In practice, he MIGHT get joint legal custody, but no way in the world he's going to get primary physical - unless Mom just doesn't want the child.

 

[MarlenePowers]

They will ask the court to determine paternity via a paternity test. If your brother is shown to be the biological father, he will have the right to ask for visitation and will have the obligation to pay support - if warranted based on income and other factors.

He would also have the right to ask for custody. In practice, he MIGHT get joint legal custody, but no way in the world he's going to get primary physical - unless Mom just doesn't want the child.

He just wants to be part of her life, to make sure she's healthy and happy he has no issues with child support, he has a place of his own, he has a steady job with health insurance. No criminal record.

 

[Isis1]

He just wants to be part of her life, to make sure she's healthy and happy he has no issues with child support, he has a place of his own, he has a steady job with health insurance. No criminal record.

With her in a DV shelter, that just might change....criminal recordwise...

 

[MarlenePowers]

With her in a DV shelter, that just might change....criminal recordwise...

I fully understand the laws regarding DV Shelters and why they need to be in place. I've been there. I didn't have a child back then either. What I can't seem to understand is why someone would voluntarily go to one just to hide from their criminal record and take an 8 wk old infant. The mom prior to checking into DVS had been refusing to take the child to her follow-up doctor's appt.'s. She only went to the first one. My brother began going and taking her to these appt.'s mom wouldn't go with them. Will the shelter workers help her look after things like that and help her get there?

 

[Isis1]

I fully understand the laws regarding DV Shelters and why they need to be in place. I've been there. I didn't have a child back then either. What I can't seem to understand is why someone would voluntarily go to one just to hide from their criminal record and take an 8 wk old infant. The mom prior to checking into DVS had been refusing to take the child to her follow-up doctor's appt.'s. She only went to the first one. My brother began going and taking her to these appt.'s mom wouldn't go with them. Will the shelter workers help her look after things like that and help her get there?

There are mandated reporters at the shelter, if something is amiss, it can be reported.

If dad is telling YOU the truth, it will be revieled, if he isn't, than that also will come clean.

 

[MarlenePowers]

The only thing that is weighing on my mind is the child's safety. After reading the courts ruling when they took her and her first husbands (not to be confused with her current husband) rights away for her firstborn. Absolutely made my hair-curl what they did to that child. Good to know she has guardian angels. To me custody can be left to the judge to decide. Safety first.