my brother has an ex wife they been separated for 10 yrs.?

Question

my brother told my mom today. that his ex wife wants the kids with full custody and him have nothing. his exwife has been taking the kids away from him every holiday like for christmas thanksgiving easter. my brother exwife wants everything for her
including the kids. and my brother steven she wants him too have nothing.hes the single head of household and he works. he lives in San Deigo CA.

Answer 1

i am not fully understanding the question, but i know that when it comes to holidays, they are usually split:

1) every other christmas (thanksgiving etc) with one parent, and the next year with the other.
or
2) christmas eve with one parent, christmas day with the other parent.

you cant just take away a parents rights. one can want or request removal of the others rights, but it is almost never granted unless the parent is found to be unfit... or they sign away their rights rather then pay child support.

here are some links; just click on your state and look up the subject you want (custody, child support, visitation, etc).

Answer 2

Well, if they have been separated for 10 years, how old are the kids and how many do they have? If they are younger then 10 years old, then that means that either they tried to work it out and it failed, or, she had a child outside of the marriage with another person.
now, is your brother, Steven, a good father? Is he a good person? Does he have contact with the kids often? Do they understand what is going on? Would they be willing to share joint custody or, are the kids willing to live with their father in San Diego?
These are the questions he must ask, as well as yourself. This is not your brother we are talking about, this is also about children. Your nieces and nephews. You even have to ask if she is capable and of sound and mind to physically and emotionally and financially able to take care of the kids. The same thing goes for your brother, Steven. I suggest he gets a good lawyer and have this matter straighten out. Of course, the lawyer is going to ask why they have been separated for 10 years and not have gotten the divorce sooner.
I really wish your brother the best and I hope they come to a compromise. But, sometimes, the parent(s) acts younger and more immature then the kids themselves.
Please take heed to what I wrote. Maybe there are better suggestions out here for you to consider.

Answer 3

The only solution to this is going to court. If your brother wants custody of the kids then he really needs to get a lawyer. Just because his ex-wife wants all these things definatly doesn't mean that she will get them. Certain things such as visitation and who gets the kids for the holidays is all something that a judge can resolve. Ontop of this, your brother has a good chance at custody/or partial custody of the kids since he does work and have a home. The best thing to do is to get a lawyer.

Answer 4

That will depend on the moral character of the parents. Who is more fit to have the full custody of them and how good is the lawyer, if both are on the same phath, they will share it equally. Yet your brother has to contact a really good family lawyer since the balance always lean towards the female.

Answer 5

IN situations like that, the children should be at the center of every decision the couple makes, making sure that the children get time with both parents. Anything else is unfair to the children.
Assuming the neither parent has any personal problems that need working out.

Answer 6

First of all, why does he have custody of the kids and she doesn't? If she takes him to court for full custody, then the tables will be turned, he will get them on every other holiday, etc., one month out of the summer, etc., and they will live and go to school with his ex. He should BE PREPARED for court. Gather the evidence, of whatever it is, that will prove that the children should stay with him not her. drugs, alcohol, emotional, mental problems, finances, etc. It's whatever is the best for the children...

Answer 7

You brother needs to get a lawyer and let the judge handle it.

Answer 8

I second the motion that he get a good lawyer asap. Since they live with him, she should be paying child support.

Answer 9

one or both of these people has committed an immigration crime; if your bro is innocent, he needs to go to uscis immediately and and also back to family court so he can get custody of his child; she will eventually be deported for fraudulent marriage

Answer 10

Your bro needs to take matters into his own hands, by speaking with an attny, and getting all that he deserves......his children, and her paying him child support!