So my sister in law has a 3 year old daughter Jenna , her ex husband has custody of her . About 1 year ago she decided to marry my brother in law ( he is in the air force ) she moved up to SC without rights to see Jenna . A few months later she found out she was pregnant and my Brother in law left her , she moved back to texas to be with Jenna and Jillian was born in Nov. 06 , now I am trying to help her 1) see her daughter jenna which her ex is denying 2 ) get her divorced from my brother in law 3) obtain all rights to Jillian WITH child support . I have never been or seen a situation like this and to make it worse neither of us have money for a lawyer . Any advice ???
And on top of all of that my brother in law wants a paternity test ...
2006-12-27 13:48:29 · 12 answers · asked by Codie B 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Very few judges will give full custody to the father and not let the mother have rights. There is something missing here. Is there a reason that she was not granted any rights to Jenna? You will have to get a lawyer. Most attorneys will give free consultations. The best thing to do is to go around and interview attorney's and discuss the financial situation. You are bound to find someone that is willing to work with you regarding payment. A 3 year old should not be deprived of her mother unless it is for safety reasons, so I wish you and your sister the best. Have you talked to Jenna's father and explain to him what devastating consequences this child will face without having her mother. I cannot ever imagine having my children taken from me. Before anything her mother needs to make sure that she has a stable job and home before she attempts any custody battle.
2006-12-27 13:54:29 · answer #1 · answered by MRod 5 · 0⤊ 0⤋
Man that's crazy. Well the laws in the USA give the mother rights automatically, I should know I pay child support for my daughter and I live far away from her and I only see her 3 months out of the year. I have a house for her, she has her own room, better area of living and the judge still grants her mom custody. She needs to go to court and file a motion to keep full custody of her daughter. And than initiate a court ordered child support against the father. As for the paternity test, the courts will pay for that so don't worry about it, and as far as a lawyer their should be public assistance where they will review your income and determine whether or not you should pay for a lawyer or if the state will. The divorce will be the only one that will cost money but hey he wants a divorce he will need to pay for it and she might be entitled to half if he had her accustomed to a specific lifestyle. Go on line they should have free legal advice she can seek. She is a woman and in this country the laws are made to protect first children, than woman, than animals, than a man....sad to say. Good luck and God Bless.
2006-12-27 21:56:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I hate to say it... But, it looks really bad just from where it stands now.. If she has lost ALL parental rights to a child. It will be easier for the guy she is pregnant by now to walk in and win custody. It is VERY hard to take the child away from the mother and put the child in the father's cutody. Unless of a seriousness of a loss before.. Which is obvious, she has lost a child to a custody battle.
He has rights to a paternity test. It can even be court ordered if she fights for child support. No judge will order child support with out a paternity test.
You need to look up both state laws.
I'm originally from Texas myself and the laws are strict there. She had to of done something VERY bad for Texas court system to pull the child from the mother's care.
He even has a better case against her because of financial support if the baby is his. Cause he has military backing..
I was in the military and I'm married to a Commander in the Army.
Military backing Definitely has GOOD attorney's.
He has a good leg to stand on.
Now I understand your trying to help her.. But think of the child at hand and who it's better off to be with. Obviously she has done something to jepordize her well being of being a mother otherwise she would still have her children.
Something is missing from this picture and NO BODY can help you unless they know the whole story..
Good Luck and Best wishes
2006-12-27 22:43:55 · answer #3 · answered by Scorpios_Dream 2 · 0⤊ 0⤋
Just because your sister in law changed her mind does not mean she will get custody of Jenna. In fact she would have to prove that her ex is unfit. When that argument comes up in court her relocation's and relationship problems will definitely be taken into consideration. I think it is highly unlikely the court will uproot Jenna from her current home.
You need to address your sister in law's problems one at a time. With no money, go see ADC people they will help collect from any fathers and have resources for a paternity test.
Your brother law can be made to pay by contacting his commanding officer and explaining that he is not paying for his child. that will shift the burden to him to prove it isn't and his CO will make sure his wife is her share of the money. Of course I am sure ADC has more contacts at the Air Force.
You might get better responses by posting this question in the marriage and divorce section.
2006-12-27 22:09:00 · answer #4 · answered by Red 5 · 0⤊ 0⤋
Father's rights are becoming more and more common. You need an attorney, plain and simple. You could see if one will accept you pro bono (free or payments)... if not then the only other option besides scraping up the money is going to the library or searching the net for the appropriate legal docs you are going to need and going at this pro se (unrepresented).
I have gone pro se before and you best be educated and understand what you are doing FULLY or you might as well shoot yourself in the foot. Don't forget, no matter what you do you will need to come up with court costs.
2006-12-27 22:04:11 · answer #5 · answered by zinntwinnies 6 · 0⤊ 0⤋
well depending on what state she lives in there is a few things she can do..here in NY you dont need a lawyer to petition family court..if she wants visitation with daughter 1 then file the paper work there will be a court date set and depending on her financial situation she will be appointed a lawyer..for daughter 2 she needs to file custody and support papers..the courts will order a paternity test...like i said to file the papers here at least you dont need an attorney and the court clerks are usually pretty helpful..once you get the court date and go to court the ball gets rolling!! good luck
2006-12-27 21:56:19 · answer #6 · answered by diane b 3 · 0⤊ 0⤋
Well, the paternity test should be done if he wants it.
She should go to her local welfare office and apply for wic, etc. At that time they will help her file for child support and recommend a local free service to obtain legal help in her divorce and custody.
2006-12-27 21:51:21 · answer #7 · answered by iampatsajak 7 · 0⤊ 0⤋
It sounds like your sister is a little unstable. Are you sure she should have custody of the kids? Maybe you should rethink if your really helping or hurting the situation.
2006-12-27 21:51:23 · answer #8 · answered by Rairia 3 · 0⤊ 0⤋
That sounds like an episode of Jerry Springer.
2006-12-27 21:51:59 · answer #9 · answered by Metal 4 · 0⤊ 0⤋
Go for the paternity test....Any luck..its not his at all..which means she can take the child back instantly.
2006-12-27 21:51:20 · answer #10 · answered by Anonymous · 0⤊ 0⤋