Can child custody be revoked?

Question

My brother is not allowed to be with his child in weekends like his court papers say becausue his psycho exgirlfriend does not want that. She recently had another baby with another guy (that's her life) but what bothers me is that now that my brother remarried my nephew cant be around his new wife or in his apartment or much less spend the night with him. But she has threatened him that if he takes her to court she will win not only because she works in the county court house and knows a lot of people but because she can do that because my brother has a tatoo and because he has a prior felony charge that was dismissed, can she do that. Is that legal or does my brother have any rights.

Answer 1

Unfortunately, this is all too common an occurance.
Fortunately, your brother has more rights than she wants him to have, and she is going all out to keep him from exerting those rights.
Your brother should go to the Child Services, and ask them for a list of lawyers that they use on a continuing basis. Then he should go to that attorney and talk about his rights, and possibly retaining the lawyer's services. When the court sees a laywer that is ALWAYS in the courtroom fighting for the rights of children, that will hold more weight than the generic ambulance chaser on the street.
Your brother should also keep a notebook of every time he talks to his ex, and everything that is said, and everything that happens. Everytime the two of them have any contact at all should be documented with who was a witness and what happened. IF possible, have your brother use a speaker phone, and never talk to her without someone else being in the room listening.
IF it can be recorded, then record the conversation...HAVE HIM TELL HER AT THE OUTSET OF EVERY PHONE CALL THAT SHE IS BEING RECORDED!!!!!!!!!!!!!!!!! Not doing so brings up an entirely new set of challenges.
Also, if there are court papers, then it is very likely that your brother is paqying support... have him go to the local office that takes care of such matters (it's Domestic Relations here) and inform them that this is going on, and see what they say.

If your brother has court-ordered visitation, then she is in contempt of court for denying him that visitation. Get a lawyer.

Answer 2

Child custody can be revoked but it must be for good reason. There are very few courts in the land that will remove a child from the mother's custody unless she poses some threat to the child's well-being. If your brother has court-ordered visitation, then she cannot deny him his rights. She is in violation of the law. If he's like most people, he can't afford an attorney, so have him contact the family court and ask what options he has. Good luck!

Answer 3

if the court says that he is supposed to see his child on the weekends then she must let him or he can sue.
a tattoo does not make you a bad parent. he wasn't convicted of that felony so the courts shouldn't be able to completely take away his rights to see his child.

and probably unless she is doing some people in the court house she probably doesn't have the connections to keep him from the child without lying.

Answer 4

Oh my goodness. Yes,your brother has rights. yes, custody can be challenged. She can talk the cheap trailer trash talk all she likes, but can she back it up in a court of law? I doubt it. People make mistakes. They make mistakes all of the time. Do they learn from their mistakes, that's the questtion. He should seek legal counselling and get advice. In the meantime, ignore her rantings and saber rattling. It's just a tactic to keep him at bay.

Answer 5

Working in the Court House won't help her, but that tattoo is a poor sign. He should keep it covered in court and hope she doesn't mention it.