does my brother have a right to his son and daughter?

[lonelyandsad]

What is the name of your state? ny my 14 yr old brothers gf recently died,leaving behind twins,a boy and a girl who turn 2 next month.a paternity test was given at the time jessi had the twins,and it proved my brother was the father,and hes been doing what he can to support them,and be part of thier lives.there was no custody.visitation order,jessi and josh agreed to share custody.josh would like to get custody of the twins,but is scared to call social services,fearing theyll be taken away from him.what rights does he have? i dont want the twins taken away either,their mother was a good friend of mine,and she'd want josh to raise them.not to mention they are my niece and nephew.we are financially secure,and feel its best for kasey and jason(the twins) to be with us

 

[stealth2]

A lot depends on the situation and who else there is to help him with the kids. Obviously, at 14, he's not in any real position to raise/support them on his own. I've read some of your situation on another board, and it does seem as though things might be more complicated.

I assume that Josh is living with you, your twins and the other siblings which you adopted. Is that where his twins are also living? Or are they currently with the other grandparents? It's entirely possible that a judge will find it in the kids' best interests to remain with their grandparents (with liberal visitation to Josh) rather than move to what is, undoubtedly, a somewhat chaotic situation (and I say that not because there's anything wrong with you, but any household with 11 children in it is going to be chaotic).

Really, you need to get your brother to a lawyer to discuss all of the possible options and what the potential outcomes are. But his gaining custody is not a slam dunk by any means, especially if the grandparents intend to fight for custody of the children.

 

[nextwife]

They are two? Sorry, Hon, but I'm stunned by the math on this. He was 11 at conception? Oh my.

 

[worriedwith1]

They are two? Sorry, Hon, but I'm stunned by the math on this. He was 11 at conception? Oh my.

NO, she said two months.

 

[CMSC]

NO, she said two months.

No she said they will be 2 NEXT month. The math is a bit scary.

Has any of his girlfriends family been in contact with the children? I can't imagine how a 14 yr. old is taking care of twins, how old are you? I guess if you can care for them, all the more power to you, have you considered becoming a guardian of some sort to the twins?

 

[stealth2]

NO, she said two months.

No, darlin' - read more carefully next time. The twins turn two in a month. Again, this is a much more complicated family situation than has been posted here. Hopefully OP will come back to clarify.

 

[worriedwith1]

No, darlin' - read more carefully next time. The twins turn two in a month. Again, this is a much more complicated family situation than has been posted here. Hopefully OP will come back to clarify.

Oh, sorry darlin', I did miss read that. woops!

 

[lonelyandsad]

aunt kelly

he and jessi were 12 when they had them.they lived 50 percent of the time with each of them,the twins will be 2 yrs old dec 6.my fiance and i are more then willing to help him out with kasey and jay,the twins.and they have many aunts,uncles and cousins around too.gotta go,wwe smackdown is on!

 

[snostar]

Lonelyandsad, how old are you?

 

[stealth2]

You're right, S&L, there will be lots of aunts/uncles/cousins around. But is this really the best situation for them? Their father is 14. Their oldest aunt is the 23 yo mother of twins (out of wedlock) who has also adopted her 9 siblings (one of whom is the father in question). I'm sorry, but I simply do not see it.

 

[lonelyandsad]

me?

im 23 will be 24 this coming mon,nov 22.id rather have kasey and jay with family then with strangers.

 

[Britlandco]

Wow

I don't see why they would take them from him if they didn't take them from her. Perhaps you can call social services yourself and ask some questions... maybe even anonymously. I can't imagine immediate family wouldn't be first in line to raise the boys. Your brother has experienced a lot in his short time. I have to be nosey and ask how the girl died so young?

 

[stealth2]

im 23 will be 24 this coming mon,nov 22.id rather have kasey and jay with family then with strangers.

K... so what's wrong with letting the twins' grandparents have them (with liberal visitation for Josh)?

 

[LdiJ]

K... so what's wrong with letting the twins' grandparents have them (with liberal visitation for Josh)?

There is not necessarily anything wrong with that. However from one of the OP's other responses (she said she would rather see the twins with family than with strangers) it isn't clear that they are actually WITH the grandparents.

 

[king sol]

Your brother has exclusive rights to his child's custody. See www.empirestatecoalition.org under custody.