We just found out my brother is the father of a 1year old boy (DNA test). The boy's mother (bro's ex) did not want the child and left him with her aunt. The aunt claims the mother signed over her rights. I know the court will not grant custody to my bro. How do I go about getting custody? We've contacted a lawyer and of course he said we will have to go to court. I do not know where to begin or what my chances are. I am a 25 y/o single female, soon to be college grad, with a good job. Th aunt is 50+ divorcee with a 2 bedroom house and 6 ppl living in it. The mother was on drugs and the child has special needs. Please advise.
2007-01-17 16:07:55 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Follow whatever course of action your lawyer recommends. Considering the fact that you have proof he is the father, he will have full custody rights. Good luck for you and your family.
2007-01-17 16:14:24 · answer #1 · answered by dolly 6 · 1⤊ 0⤋
There is no reason that the father cannot get the child, he is the other parent. Even if the "mother signed over her rights", she didn't do the same for the father. And, people say that, but if nothing ever went to court when the supposedly signed over her rights, than she truly didn't.
I would have the Father try to get the chld before you do. Unless there is a reason he may not be able to. It takes quite a bit for a parent to not be able to get their child. If the mother in the case did not want the child, the Father is the next person to look at, not this aunt. Seems the mother just left him out of the process.
2007-01-17 16:31:17 · answer #2 · answered by ? 5 · 1⤊ 0⤋
First, ask the aunt to sign over custody. If she refuses, you will have to go to court. Your lawyer should be able to tell you what your chances are and what the procedures are for gaining custody. It is possible the aunt will not fight you in court, in which case you will probably win. Custody cases usually always come down to who has the most money. They will assign a Guardian Ad Litem which is a person that goes out and interviews both sides and tries to determine who would be the better guardian for the child. Even though it costs money, ask your lawyer to make sure the Guardian Ad Litem is one you have to pay for and not one that volunteers their time. The ones who volunteer their time usually don't know what they are doing. If you really want to win, don't cut corners on the costs involved because in the long run you will lose. The Guardian Ad Litem's are the ones to convince because the courts usually always will take their advice on who the child should be placed with.
2007-01-17 17:06:19 · answer #3 · answered by truthseeker221 3 · 0⤊ 0⤋
Your attorney "should" have the best answers for you. The "justice system" is capricious & varies in different states. Yes, you will probably have to go to court. Rely on your attorney, while at the same time, be sure you have "evidence" to make your case credible. From what you've "said," the aunt doesn't seem to be a likely candidate for the best interests of the child. Focus on whatever your "stabilities" are--& by alll means, don't get emotional or "discredit" anyone without proof. Good luck!
2007-01-17 16:56:36 · answer #4 · answered by Psychic Cat 6 · 0⤊ 0⤋