Who would get the child?

Question

My brother and his girlfriend have a 2.5yr old boy.

He has recently split with her and she has moved back home with her mum and disabled brother.

She has another brother who is NOT allowed to visit her son as he was charged with an assualt against a child. This is through social services and all above board.

We have since found out he is seeing my brothers son and has been seeing him behind my familys back for months.

The second problem is my brother was FASELY accused of "touching" an ex-girlfriends child (not his child) as he broke up with her, she reported him and then later claimed it was because she was jelous, the charges where dropped and she was taken into custody for making false claims against him. She was charged and later released.

Now he has this hanging over his head, so when his son was born social services automatically got involved, they kept in their lives monitoring the situation until his son was 8 months. Now they dont have visits etc

..............but still are kept in their books.

Now what would happen if because we reported her for allowing her brother to visit the child against social services court order, and he got taken off her?

Who would get custody of the child?

Id hate to think he would be placed in child care, the grandmother on her side has a disabled son with cancer so has not got the time for a toddler, my mum works full time, but would be prepared to take him, also Im prepared to take him.

Would it come to this? Or would she just get a warning? Id hate to take a kid of his mother, even though she has no feelings for this child, even admitting she only had him to trap my brother, my brother is 30 and she lied saying she was 23, she was 17 just turned!!!

She's now 18 and hes 32.

ADVICE!!

She got pregnant after a year of them being together, it was not until she went for her first scan and booking appointment that she gave her actual birth date!!!

So he was as shocked as hell, he honestly thought-as did we, that she was 23!!

So it was all done, he stopped seeing her, just taking care of the pregnancy, with providing lifts to appointments, and cash for her whilst pregnant, once she turned 18 they got back together.

Letterstoheather.

Sorry but thats an age gap of 6yrs!

Think thats well within reason.

Answer 1

I think the first thing you have to do is tell your brother to speak to somebody who deals in family law. They will go through everything with him and he can see if he has any grounds to go for custody of his child. Apart from that the ex gf brother should be reported for been around your nephew, he is breaking the law by been in contact with a child and should be reported for doing this.

Does your brother have visitation rights to his son because it is also very important that he has contact with him. I understand that the girlfriend lied about her age but i do think at this stage that is irrelevant as there is a child at stake and his welfare should be their main goal as parents. Of course you don't want to separate a child from their mother but if it is in the best interest, if he is around somebody who has been convicted of an assault against a child, wouldn't it be better to have him in a safer environment if possible. What if something happened to him if he was in the care of the ex gf and her brother.. Your brother would never forgive himself..

You also don't want the child to feel as if he is been torn between his mom and dad either, is there anyway they can arrange to be amicable parents for his sake if nothing else?

Answer 2

It sounds as if your brother might want to consider retaining legal counsel so he can have visitation. If the sexual charges against him were dropped, they are no longer "hanging over his head" -- it's a done deal, and he's not committed a sexual crime, so it should NOT be a factor in his visitation.

There is nothing you can do about the baby's mother's brother who visits the child.

This isn't your problem - it's between your brother, the girlfriend and the courts. I'm sure you're concerned but there isn't anything you can do short of being supportive of your brother.

He's too OLD for a 23 year old, too.

Answer 3

I am not sure of the legal aspects here but I would definately inform social services that the uncle is seeing the child when he is not supposed to be.
I would also consult a solicitor as to seeking access/custody of the child as it does not sound like he is living in a safe environment.
The false accusations against your brother would have no bearing on anything as it has been proved that the allegations were false.
I hope everything works out for your family.

Answer 4

I don't think your brother would get custody, but his ex-girlfriends brother should be reported for the breach of his court order and go to jail.

If the ex-gf was willingly and subversively allowed her brother to see your nephew, then your brother might have a case for custody...