can my brother go for full custody?

Question

my brother has got pr rights but his girlfriend left the child with him since nov 06 she has not been in touch since can he go for full custody?

Answer 1

I hope so its about time they started giving men more rights to their children not all mothers are perfect and not all of them deserve to have full care of their kids just because they are the mothers.
Men can also give a child everything they need and the courts should start taking that into account.
It takes two to make a baby I hate mothers who deny the father their rights
Give him good luck and support from me xx

Answer 2

If you are in England, then there is no such thing anymore as Custody; it is now referred to as Residence.

Your brother could ask for a residence order, but the court would first seek to get an agreement between hiom and his wife/partner through conciliation.

If this does not result in an agreement, then a court could hear the case and it would be decided solely on the best interests of the child. The fact that the child has been left with the father for two months would only be a very small part of the jigsaw.

In my experience, the system is biassed towards the mother in almost all cases; there has to be something remarkable going on for full residence to be awarded to the father.

Perhaps he would get shared residence.

Answer 3

Check into the abandonment laws in your area... some states are 1 year of no contact, some 6 months.

If the children are declared abandoned by the mother he would automatically be delcared the guardian if he is on the birth certificate without having to go through a custody hearing.

If he can prove paternity, even without abandonment it sounds like he has a good case for getting full legal custody or perhaps even having her paretnal rights terminated.

Answer 4

Tell him to get a court order asap to apply for a residency order, otherwise she can turn up and take her back. The courts will not always go in favour of the mother so tell him not to be put off by stories that they do. The courts will always go in favour of the child having contact with the absent parent tho so he will have to keep his cool and allow this to happen however much he disagrees. He sounds like a great Dad, good luck with it.

Answer 5

Can't see why he cant get full custody especially if the mother has abandoned her child. Get your brother to get a solictor and go through the courts for custody or a residential order.

Good luck

Answer 6

yes but i don't think the courts make this very easy for a man, my friend was in this situation when his girlfriend left him and his daughter, he eventually got full custody as the mother didn't want anything to the child and actually gave her consent, but when he was claiming benefits this was difficult for him as a father, but i think he got there in the end. good luck

Answer 7

People can always file documents at the court....whether they are right or wrong. Not saying your brother is.

But in this situation, it appears that the mother is passing the child to the father.. so I would say it would be in his best interest to file legal documents if he wants to continue to keep the child with him.

As previously suggested there is tons of lawyers out there that one could speak with and social services is always there too..

Good Luck!

Answer 8

Of course he can; judges generally prefer to give custody to the mother, so if she chooses to fight it, it could become pretty costly. He needs a lawyer right away. My cousin has been going through this for almost two years now. He should be prepared for things to get really nasty, and he'll need to be on his best behavior.

Answer 9

He certainly can, and since the child is in his custody now he's pretty likely to get it. No guarantees though. The court system still tends to favor the mother.

Answer 10

yes but the courts do favor the mother, but if shes not around or is un fit to be a mother, then he stands a good change of getting full custody.