custody

[cassiem75]

What is the name of your state? virginia

My brother had a child out of wed lock...at the time he was 17 inmature and unresponsible. The mother gave custody of the child to her mother because she could not handle the responsability. My brother was never notified of this. We did not find out until 6 months later when we recived the new child support garnishment with the grandmothers name on it.

My brother is 21 now. He has matured. He has been working and paying child support since he turned 18. He gets his little boy ever day he has off and has turned out to be a GREAT dad!

The problem...My brother has been seeing a nice young lady for about 5 months now. He has only recently let his girlfriend come around his little boy. (This is his 1st girlfriend since his son's mother 4 years ago and He did not want him getting attached to her right off.) She is good to my brother and his son.

It is killing the mother and grandmother that my brother has a girlfriend. They have never went to court for visitation. They have always been good about letting the my family see him. Last night the grandmother made the comment that she did not want my brothers girlfriend around the baby. And if she had to she would make it as hard on him as she could. That he would start coming to her house on days and times that she scheduled and if he did not like it that tuff luck...

My brother would love to have custody of his son. He would have plenty of help with him when he is working. My brother has never had any problems with the law and always has paid his child support on time. What chance would he have of getting custody of him?
The mother has 2 other children that are currently with the grandmother also so we ae not worried about her. Would the court prefer to give custody of the baby to his father? Also, the mother does not have any of her children. She does not help to take care of them and she does not pay a cent of child support for any of these children. All 3 fathers pay support to the grandmother. (who has since quit her job) One pays $450.00. One pays $386.00. and my brother pays $250.00 How could the mother be made to pay her share?

 

[hexeliebe]

First of all the mother cannot sign over custody of the child to anyone without a valid court order. Have you even asked the grandmother to produce this document?

the first step you need to tell your brother to do is to go see an attorney, have him file for custody and ask for child support. Document everything including the fact that the grandmother has had custody of the child and for how long.

The courts will look at the biological parents before giving custody to another family member. If your brother is as you say, he would have a very good chance of gaining custody.

But first, determine if the grandmother has legal custody of if the daughter simply dropped off the child.

Also, is there a court-ordered support from the court or is your brother just paying the support to the grandmother for lack of another place to pay it.

 

[cassiem75]

The mother of the child did go to court with the grandmother and gave her custody of the child(ren). My brother pays the support to the child support agency. His child support case is up for review here in a few months, when he goes back does he have a right to ask why she (the mother) is not paying child support? Also can he request that she pay child support also?

 

[hexeliebe]

He can and should do all of the above.

OR, he can petition for custody.