Does anyone know about custodian law?
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My sister and her husband are trying to get full custody of his son from the boys grandma and he isn't sure it'll work but I don't know anything about how law works for it.
I'm gonna post the short story below.
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My sisters husband has a 3 year old autistic son from a previous relationship. He was born after they split but he still took care of his son. The boys mom is in and out of jail (not for short term, she spent the first entire year of the babies life in jail) my brother in law raised his son by himself for a year, when his mom got out of jail she took him back. She went to jail again, and they gave the kid to her mom (the grandma) and nobody told my brother in law. He found out six months later (he thought she ran off with the baby) and he started paying to have diapers, clothes, food and toys delivered to them. He tried to go over 4 times to see his son in the first month and the grandma told him never to show up, he can't be around get off her property. He did for a few months (but continued to pay to have things brought to them) the kids mom got out of jail again, but this time didn't want the kid back and said she was leaving him with her mom. So my brother in law tried again. He went over a week later cuz it was his sons birthday and he hadn't been around because grandma said no but he wants his son. She again wouldn't let him in, wouldn't let his son out, and she threw the birthday presents he brought right in the trash outside as he drove away.
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Well he found out that the woman is in jail again and decided he is taking her to court to try for full custody of the baby. He is hoping it will work because mom is in jail again and can't fight him, plus grandma was never officially made legal guardian the baby just got left with her. But he is worried because he has a criminal record (non violent, non drug related, not child/pedo related and he has just turned 18 [he's 26]) and grandma got a lawyer. My brother in law can't fight a lawyer because he can't afford one. He really just wants his son. Anyone have similar experience?
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I hope and pray all goes well and he gets his boy back.
I would hurry up tho the longer he waits the worse it will look @bbyenolan22
OK thanks ladies! yes he is on the birth certificate so thankfully it sounds like this will work out. @babymomma1215 @mrsmoore
awesome that's what we thought thank you!
yeah she's being really mean to him especially as he's never done anything wrong to her the baby or the babies mom but unfortunately who knows what baby mama said to her. He filed to take her to court already. I think he should call the cops if he could legally. but I think him and my sister are trying to set up a room and such for him before they take him from grandma @xoashl3ylynnxo
he can call the cops and explain everything and say how his son is autistic so he'd appreciate it to all be handled in a civil way for his son. if his name is on the birth certificate they cannot do a DNA test. if your name is on it, you agreed it is your child and a test is not needed and you can't have one once you sign
he can just call the police? he can meet the police there and it be less traumatic because he'd be the one takzing his son there no court order so nothing can stop him,if he's on the birth certificate he has all rights tell him to go ahead and call
DNA won't matter till court right now he's on that birth certificate and needs to get his child! That lady has no rights @bbyenolan22
He's never called the cops but he's thinking about it but he's afraid it would be traumatic to his son that way with his autism (I don't personally know much about autism but he's afraid a disturbance like being removed by police would upset his son)
he is on the birth certificate but there is a lot of double as to if he is the biological father right now. Will that matter? he is also afraid they would want dna proof, and either way he wants to raise the baby it's his son but can the court or police stop him if he's not biological they find out? (he could be the bio father it's just unsure)
I really think he should just call the cops too but he's really nervous @babymomma1215 @xoashl3ylynnxo
He can win because there's nothing saying he gave up rights or signed over guardianship and if he has all the proof of effort between sending the gifts, showing up, etc etc she will look like a fool. he could honestly call the cops on her over it.
I feel that should be consider kidnapping bc 1. If they never went to court for any custody and he has his name on the birth certificate him and the mother have equal rights. 2. If gma has no rights she can not keep his son from him. Tell that man to call the cops on her
yes if he waits to long it will look bad on him good luck