Jurisdiction/Paternity Issue

[nythng4mygrl]

What is the name of your state? LA

My brother asked me to help him with legal contacts and I have hit a speedbump and look to you for advice. The mom and my brother had a child while mom was still legally married. Mom and dad split up 2 months ago (she has been separated from husband since she was in prison 4 years ago). Baby was born in TX, and mom just moved back down 2 weeks ago to LA. Dad lives in OK and has been paying child support. Dad isn't on birth certificate, but child has dad's last name. He would like to get a paternity test done through the court system and wants to seek visitation rights, and mom is threatening to run with child and tells us that we will never hear from her again ever. She will not let him be around his son without her or another family member. My brother thinks he can swoop on in and take his boy back with him to OK and not get arrested since there is no court order in place and baby has his last name. Mom has SERIOUS drug problem but noone knows her physical address. I told my brother to do this legally through court and have her show with child for paternity test through court order. Here are my questions. 1. Which state will he have to file in? TX, OK, or LA and 2. If mom does no-show at court through court order and chooses to run, what would that mean for my brother as far as custody goes? Mom has prior conviction for prostitution with juvenile and served 3 years in prision prior to getting pregnant with child. Dad just wants his baby boy to be safe and secure and is desperate to find resolution. Dad just did background check on mom, and has recently learned about her promiscuity in the past. I appreciate any advice and thank you.

 

[Isis1]

is mom divorced from her husbnad or is she legally married?

if a non adjucated (legally proved) father takes a child from his/her natural mother, it's kidnapping.

the father files in the state where the child resides.

 

[nythng4mygrl]

Thanks. mom is still legally married and thinks dad will lose all rights to child since no court order is in place. She stated that husband refused to sign some waiver regarding the birth certificate admitting he was not father. She says this is why my brother is not on there. I will google up some legal aid offices in LA since baby is here. Now, since my brother does not have physical address, how does he exactly locate her? She lives from piller to post. I guess it's all about who has the drugs these days. Thanks again for your help!

 

[Isis1]

um, seniors, if mom is still married, doesn't than mean husband is legally considered the dad? meaning "dad" would be filing for custody for a child who is a legal stranger?

 

[TheGeekess]

um, seniors, if mom is still married, doesn't than mean husband is legally considered the dad? meaning "dad" would be filing for custody for a child who is a legal stranger?

I'm not a senior, but that is my take. If Mom is married, her husband is considered the legal father no matter where the sperm came from.

 

[Ohiogal]

Though OP's brother can file to disestablish hubby as dad and establish himself -- he would need to challenge paternity. And then once paternity is established get custody/visitation and support set up.

 

[wileybunch]

Though OP's brother can file to disestablish hubby as dad and establish himself -- he would need to challenge paternity. And then once paternity is established get custody/visitation and support set up.

So he definitely should NOT run with the child (even if Mom WASN'T currently married -- he's not the father until he has been legally established to be, not by whatever name happened to land on the birth certificate). He is going to have to be very patient for this to work out. Mom cannot just take child away from him, she's totally wrong there, but he can't have the child until a court gives him those rights and if she's as transient as you say, it's going to be harder than otherwise, but hopefully your brother doesn't get impatient and do something hasty that will go against him (or get him put in jail).

 

[nythng4mygrl]

Thank you everyone. I have talked to my brother earlier this evening and he has sworn that he will not take his son from his mom. I told him that would hurt him in the long run, that things will fall into place. The only problem is noone knows where mom lives. Mom has stated repeatedly that my brother will never have rights as long as she stays married. Mom has obtained Medicaid and informed office that the father is unknown. Mom has serious meth addiction and is a convicted sex offender to a juvenile who served prison sentence. She to date has yet to register in LA where the original incident took place 4 years ago. I gave my brother a phone number to the legal aid office and he has an appointment with an attorney tomorrow morning. Thank you all for everything again. I needed re-assurance and really appreciate it.