A mother absconded...

[mermage]

What is the name of your state? Wisconsin. My brother has a child with a woman to whom he is not married. He has been attempting to share visitation with her, but she is not cooperating. Basically, she has already been imprisoned once [for two years] for crimes of Forgery. Within the last couple of months, she has repeated her crime and is now currently on the run from the law because they have her fingerprint on the check she cashed. My brother wants sole custody of his daughter. We are concerned because not only is the mother unstable and not really taking good care of my neice, but she could essentially get arrested any time, with or without our influence and depending upon the circumstances, the child could end up who knows where. Neither of us has the funds to secure a private attorney and legal aid is not taking child custody cases at this time. Is there a way for my brother to file a motion for sole custody himself?

 

[moburkes]

Has paternity been established yet? If so, who had custody of the child while mom was in prison for 2 years?

 

[mermage]

Paternity

My apologies for leaving this out...The baby is only 6 months old. The mother had her after her prison stint. I believe paternity has been established as the baby's last name is the same as my brothers which means his name must be on the birth certificate. Either way, however, he has taken a paternity test - there just hasn't been any sort of court proceedings related to it, or child support or anything.

 

[LdiJ]

My apologies for leaving this out...The baby is only 6 months old. The mother had her after her prison stint. I believe paternity has been established as the baby's last name is the same as my brothers which means his name must be on the birth certificate. Either way, however, he has taken a paternity test - there just hasn't been any sort of court proceedings related to it, or child support or anything.

Yes, he can file himself....but how is he going to serve mom if she is on the run? Where is the child now?

 

[moburkes]

My apologies for leaving this out...The baby is only 6 months old. The mother had her after her prison stint. I believe paternity has been established as the baby's last name is the same as my brothers which means his name must be on the birth certificate. Either way, however, he has taken a paternity test - there just hasn't been any sort of court proceedings related to it, or child support or anything.

The name on the birth certificate can be ANYTHING. It doesn't mean that paternity has been established. However, you also state that he HAS taken a paternity test.

He can file in court about both child support and custody. Go to his county's home page, then under courts, then you should be able to do a search for custody. Your brother should be prepared to PROVE that mom is unfit.

 

[mermage]

Yes, he can file himself....but how is he going to serve mom if she is on the run? Where is the child now?

That's the other thing I was wondering about. she hasn't left the city or anything, she's just hiding really, not getting anything on in her name, not driving, that sort of thing. I know where she is and have thought about calling the cops on her, but if she doesn't come out of the house the police told me they can't do anything about it. And I'm sure she won't just open the door for them. And if she did, what would happen to my neice? As far as where the child is now, my brother has her most of the time, but he is trying to do what is legally right and allows her to take her daughter because he can't actually keep her from seeing her without a court order...or can he??

 

[mermage]

The name on the birth certificate can be ANYTHING. It doesn't mean that paternity has been established. However, you also state that he HAS taken a paternity test.

He can file in court about both child support and custody. Go to his county's home page, then under courts, then you should be able to do a search for custody. Your brother should be prepared to PROVE that mom is unfit.

Thank you very much, I am currently looking for all the info I can about it. However, he is definitely building a case against her. Actually, she is building one herself. Example, she lives with her current boyfriend [who is also a felon] and he is on a bracelet so he can't leave the house, plus he has to have a phone on in his house to stay out of jail. So, to help him, she puts a phone on under her daughter's name...so, my 6 month old neice already has bills! What a disgrace...

 

[LdiJ]

That's the other thing I was wondering about. she hasn't left the city or anything, she's just hiding really, not getting anything on in her name, not driving, that sort of thing. I know where she is and have thought about calling the cops on her, but if she doesn't come out of the house the police told me they can't do anything about it. And I'm sure she won't just open the door for them. And if she did, what would happen to my neice? As far as where the child is now, my brother has her most of the time, but he is trying to do what is legally right and allows her to take her daughter because he can't actually keep her from seeing her without a court order...or can he??

He should consult a local attorney. If he is legally the father, then it depends on what the laws say in WI. If WI is one of those states where an unwed mother has sole legal and physical custody until a court says otherwise, then he definitely cannot. If WI is one of those states that gives both parents equal rights until a court says otherwise, then he cannot keep her from seeing the child, but he may be able to insist on her seeing the child in his home until her criminal issues are resolved.

If she gets picked up when the child is with her, and there are no other members of her family present (and even sometimes when there are) the child would be taken to foster care....and then dad would have to jump through hoops...for maybe as much as six months, in order to get the child back. Its also possible that mom could take off with the child to another state if she is really trying to avoid the law. So its definitely something that dad needs to check out carefully, and a local attorney will be able to give the best advice.

Of course, he could simply insist that mom visit in his home until she resolves her legal issues anyway....because mom certainly isn't going to call the cops.

Mom really isn't doing herself any good by hiding out. She is going to get caught eventually and have to pay the piper.

 

[mermage]

He should consult a local attorney. If he is legally the father, then it depends on what the laws say in WI. If WI is one of those states where an unwed mother has sole legal and physical custody until a court says otherwise, then he definitely cannot. If WI is one of those states that gives both parents equal rights until a court says otherwise, then he cannot keep her from seeing the child, but he may be able to insist on her seeing the child in his home until her criminal issues are resolved.

If she gets picked up when the child is with her, and there are no other members of her family present (and even sometimes when there are) the child would be taken to foster care....and then dad would have to jump through hoops...for maybe as much as six months, in order to get the child back. Its also possible that mom could take off with the child to another state if she is really trying to avoid the law. So its definitely something that dad needs to check out carefully, and a local attorney will be able to give the best advice.

Of course, he could simply insist that mom visit in his home until she resolves her legal issues anyway....because mom certainly isn't going to call the cops.

Mom really isn't doing herself any good by hiding out. She is going to get caught eventually and have to pay the piper.

From my research, WI is one of those states where they have equal custody until the court decides otherwise, so he may be able to try this approach. We are still continuing to look for an affordable alternative as it relates to the attorney because, you are right...this situtation is very complex.

Thank you ALL for your help in this situation, it is greatly appreciated!!!

 

[Zephyr]

what county?

 

[mermage]

what county?

racine county, racine city...and so far, it's proving to be very difficult!

 

[Zephyr]

racine county, racine city...and so far, it's proving to be very difficult!

everything always seems so nutso from down there...as was said before- if dad can get the child physically into his custody and then go from there, that may be the best thing