Next Friend? What is this?

[sroutlaw]

What is the name of your state? Missouri
My sister was served with papers today that her ex wants full custody of their joint child. He has never paid ordered child support nor has he seen the child since Dec. The father is simultaneously demanding paternity testing (he signed the affadavit of paternity TWICE already) and demanding full custody of a child he has spent less than three hours with since birth. She is one. My sister has no funds AT ALL since she is on welfare due to him not supporting the child. The issue here is that he was just served notice by the state that he is about to lose his license due to his arrears - we are kinda thinking this is tit for tat on that, even though my sis is not pursuing the support at all. She has tried and tried to get him time with his child but he refuses to see the child AT ALL up till this point. This baby has been in hospital so many times with some serious health stuff, and the dad never even showed up. Anyway, taht is all off topic I know. WHAT is the Next Friend and how can the father be appointed that when mom has had total custody of the child since birth? Dad couldn't pick this baby out from a baby line up LOL.
Steph

 

[stepmom&mom]

Here are some definitions for "next friend":

A person who brings an action or handles matters for the benefit of a minor or a person who is legally incompetent, without formal appointment by the court.
www.courts.state.va.us/glossary_of_court_terms.html

One acting for the benefit of an infant or other person without being regularly appointed as guardian.
court.nol.org/publications/glossary.htm

A person or agency appointed to act on behalf of a minor in a court action.
www.courts.mo.gov/osca/index.nsf/0/8b69295b674dde2186256e15004ea27f

An adult under whose protection an infant institutes an action or another legal proceeding. This adult is responsible for the conduct and the costs of the proceeding.
www.tssa.org.uk/article-46.php3

(law) a person who acts on behalf of an infant or disabled person
www.cogsci.princeton.edu/cgi-bin/webwn2.1

 

[Zephyr]

dad is very unlikely to get more than joint custody and he will probably have to go through a period of supervised visitation.

My sister has no funds AT ALL since she is on welfare due to him not supporting the child

and not to be mean but it's dad's job to HELP support the child and it's mom's job to support herself

 

[VeronicaGia]

dad is very unlikely to get more than joint custody and he will probably have to go through a period of supervised visitation.

My sister has no funds AT ALL since she is on welfare due to him not supporting the child

and not to be mean but it's dad's job to HELP support the child and it's mom's job to support herself

It's mom's job to support herself and help support the child, and it's dad's job to support himself and help support the child.

 

[sroutlaw]

Yeah I know my sis has obligation to support herself LOL and also her portion of supporting the baby, I am trying to encourage her to get a job!
Steph

 

[rmet4nzkx]

Since she is on welfare, the STATE is going after him for support and medical. He can ask for a DNA test, he's just protesting since he is about to lose his license.

 

[George1620]

...

So your sister doesnt have a job? Does this potential father have one? I mean if it means the mother not having much so the child can have everything thats what it takes, if she cant financialy take care of the child and even the welfare doesnt help than someone else needs to watch the child while she gets her ducks in a row. Its always about the child no matter what.


Plus if he wants custody that bad obviously he cares if not than thats another problem. Dont deny this child a father.

 

[sroutlaw]

No way, my sis hasn't had a job to this point because this ABANDONED child (by dad, remember, he hasn't SEEN this kid in more than six of her eleven months, wouldn't be able to pick her out of a baby lineup) has serious health issues requiring her to wear a heart monitor all the time. Before anyone jumps my butt about her being able to find "special" daycare for this kid, she lives in a very backwater, very poor rural area (two hours to anything even remotely "city"). There are NO special "daycare" options for kids with medical needs. There are hardly any daycare options period. It is just a fact of life - this poor baby has some real serious trouble and my sister has spent the last year dealing with those, and getting no money from the dad or a job (she had TWO and supported HIS lazy butt while pregnant with this baby, but when she got "fat" he left for greener pastures, where another lady supported him - his one job in the past two years he quit when he found that the state was about to garnish his wages - and filed papers for custody the SAME DAY his license got pulled and a bench warrant issued, yep that is caring for his child...). My sister was always a hard worker; she would prefer to work now, but why don't you tell me how she can easily do that, with this custody suit coming and a baby that has always been sick? I have been trying to encourage her to start a daycare, or to work opposing shifts from my mom but my mom isn't all that willing to help with the sick baby because she doesn't want my sister to work. Sad but yes, these things do happen. I know she should work, so does she, but what does this have to do with LEGAL advice? I am a stay at home mom myself btw, and it is much harder than any job I ever had out of my home....
Steph
Thought I better add that dad has another baby a few weeks older than my niece, and he does live with her - her mom supports him and the baby at this point, since he quit his job to avoid paying child support. He pawns that baby off on his grandmother so he can "run around" most days. Small towns make it easy to see who parents and who...sperminates. I don't want my niece to be fatherless but a di** and ten minutes doesn't make a daddy!

 

[George1620]

..

I guess it doesnt really have anything to do with advice...children are wonderful dont get me wrong but all of this could have been prevented and im not about to go there...Obviously this guy just doesnt want to pay money, he probrably doesnt even care BUT maybe he does who knows... my heart goes out to this child but theres got to be something or someone out there that can help relieve some of the financial burden....Isnt the child covered on medicaid? Does the mother recieve food stamps, cash assistance? What exactly is wrong with this child? Its just I wasnt aware that the child was on monitors and such. I thought that you were just saying no she doesnt work because she has a kid to take care of...because there are people out there with like 4 kids, single and still working full time...Maybe depending on the babys illness that there is an organization out there willing to help...

 

[LdiJ]

I guess it doesnt really have anything to do with advice...children are wonderful dont get me wrong but all of this could have been prevented and im not about to go there...Obviously this guy just doesnt want to pay money, he probrably doesnt even care BUT maybe he does who knows... my heart goes out to this child but theres got to be something or someone out there that can help relieve some of the financial burden....Isnt the child covered on medicaid? Does the mother recieve food stamps, cash assistance? What exactly is wrong with this child? Its just I wasnt aware that the child was on monitors and such. I thought that you were just saying no she doesnt work because she has a kid to take care of...because there are people out there with like 4 kids, single and still working full time...Maybe depending on the babys illness that there is an organization out there willing to help...

Obviously mom is getting help right now since she is recieving welfare benefits.

This dad doesn't have even the remotest chance of winning a custody battle.
This is an infant with a serious medical condition and he is a complete stranger to the child. This is all about child support and his driver's license....and possibly revenge. The best he can hope for, to start off with, is visiting the child in the child's home. If he is consistant with visitation and learns how to care for her, then he can and will get more.

Mom needs to gather together copies of the child's medical records for court, and she really needs to try her best to find an attorney. She should try legal aid, they may be able to help her. In the meantime, she needs to file a counter petition for full custody herself.....and put together a parenting plan that allows for dad to visit the child in her home....with visitation outside her home to be reserved until the child's medical issues are resolved.