My brother is married he wants to leave but won't unless he can take the baby they are legally married, and he is the only one who works in the house hold. His wife is spending most of the time with her ex girl friend. What does he need to do to get his daughter with out getting in legal trouble.... Please help my brother loves his daughter and will stay if he has too but he wants to go.
2007-08-02 11:56:14 · 5 answers · asked by red 1 in Family & Relationships ➔ Marriage & Divorce
He needs a court order granting him sole custody. without that, he is going to be either a kidnapper, or guilty of custodial interference. He better have his ducks in a row. good luck.
2007-08-02 12:00:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First he has to file for divorce. He has to prove in a court of law that his wife is an unfit mother. Hanging out with an ex girlfriend is not proof. The fact that he works is not grounds in order for him to get custody. The court looks at what is best for the CHILD not what either of the parent's want. If he leaves while still married his wife can charge him with abandoment of the marriage as well as kidnapping. He won't only be in "legal trouble" he will be in federal prison with NO chance of ever seeing his daughter except during supervised visitations until she is 18 IF he is granted visitation after prison.
2007-08-02 14:16:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Unfortunately, from what youve written things dont sound good at all for your brother here. Unless he can provide enough concrete evidence to have the Judge rule his wife unfit, the courts will award custody to mom legally. Reasons for being ruled unfit usually are documented child and/or drug/mental abuse, criminal activity. Also since hes the breadwinner he could also get stuck with spousal support as well aschild support and only get visitation rights in the end. In this case, the legal system is not on your brothers side here, sorry
2007-08-02 12:33:04 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
If they are married then joint custody is implied. He should be able to just move with his child and the mother will have to petition the court for sole custody. If nothing harmful, they will more than likely be awarded joint legal custody in the divorce and he will have to pay her child support since he is the only one that worked.
2007-08-02 12:10:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He needs to talk to a lawyer, however, he needs be be wary of his wife because she can take the kid and get custody herself.
2007-08-02 12:01:37 · answer #5 · answered by RedRabbit 7 · 0⤊ 0⤋