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Seems like I have read here before a post about "Dad's Rights"?
Just recently found out that my brothers wife is pregnant--he has had a vasectomy--years ago. She has a history of mental problems and cheating. They have had a very troubled history and she has left their home and taken their 14 yo son with her.
Just trying to get some useful info for him.
Thanks.
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Well, if there's one thing I know, being British, it's that his rights vary from state to state in the USA.
Has he looked up his rights as a father on the internet? I take it he wants to explore having his son returned to the home, gaining visiting rights if that is not possible, and preventing his son from being taken abroad or out of state?
Has he looked up his rights in his specific state for himself?
BW
Married 1989
His PA 2003-2006
2 kids.
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If it helps, at 14yo, his son may be able to choose which parent he wants to live with. Your brother should contact a good lawyer.
"Your actions are so loud that I can't hear a word you're saying!"
BW M 44 yrs to still-foggy but now-faithful WH. What/how I post=my biz. Report any perceived violations to the Mods.
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Why not send him here? Is he wanting out of the marriage? Out of paying child support for the new baby? (I don't blame him for this!). Unless he proves that he is not the father of this baby, he will probably be on the hook for child support because the husband is usually the presumed father by law.
Widowed 11/10/12 after 35 years of marriage
*********************
“In a sense now, I am homeless. For the home, the place of refuge, solitude, love-where my husband lived-no longer exists.” Joyce Carolyn Oates, A Widow's Story
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I would assume that your brother wants to seek a divorce and custody of his 14 year old son? He would not be on the hook for child support for his WW child as long as he petitions for a court directed paternity test establishing that he is not the father. What he has to understand is that he needs to move quickly, i.e. have the test done immediately after birth and do not let his name be placed on the birth certificate, because there are time limits involved that vary from state to state.
He really should contact a lawyer immediately. Does he have access to his son?
The one constant through all the years has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, is a part of our past. It reminds us of all that once was good, and it could be again.
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There are very good books out there but the first thing he needs to do is get a lawyer, file a motion for the immediate return of his son to the marital home, and take a medical exam to show that he is sterile. This will allow him to present the evidence in court that the child isn�t his. If he doesn�t play his cards right, he�ll be stuck paying child support for that kid since most states assume that a child is a child of the marriage. Most states give him 90 days to contest paternity, but he should do so immediately to establish that he�s not the father of the child.
His son�s age is going to allow him to have a say in the custody arrangement he (his son) wants.
Go to a bookstore and get books on father�s rights. There�s many good ones out there.
He isn�t going to get sole physical or legal custody of his son. He can ask for it, but it won�t happen. Unless his wife is a very negligent mom (drug user, violent, etc) the courts won�t consider her a bad mom. Depression isn�t a reason to take away custody.
Hope this helps you with a start. Have him come here and he can get lots of advice.
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Thanks guys. I've told him that he needed to immediately go see a lawyer to protect himself.
This woman is not depressed...she's certifiably insane. I couldn't even begin to tell you all the nut case things she's done over the years but one of them was getting 2 DUI with child endangerment charges within a one week period. Lost drivers license for 2 years, etc. And, there are many, many more.
And, yes, she does abuse drugs (prescription) and just has serious mental problems. Probably including depression but, also just nuts.
Thanks for your advice. If anyone has any other suggestions that would be great. My brother is probably one of the few people in the world who doesn't even use a computer so that is why I've not sent him here but, I should at least suggest it to him.
Last edited by StillDawn; 09/23/10 10:33 AM.
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Then the custody fight for his son shouldn't be too difficult, but you never know what flies in family court. Some judges might care. Many don't.
What matters is what you can prove. If there is stuff in her record, then he should be ok.
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My SIL has already posted pictures of her with OM on her FB...
As far as I know, my brother hasn't even called a lawyer. I am really shocked by all this. What are they thinking???
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My SIL has already posted pictures of her with OM on her FB... Facebook - a divorce attorney's best friend
The one constant through all the years has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, is a part of our past. It reminds us of all that once was good, and it could be again.
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