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3 Bumps

Child custody question

Not for me, for my brother. He and his 'fiance' have a 9 month old son. Their relationship is pretty much over. Her Family lives 4 hours away from where they live and she wants to take the baby to live there. (Her parents are offering to let her live for free and not make her get a job...) Is there anything he can do to arrange it so that she can't take the baby away? He has a criminal record from years before they met, so the chances of him getting custody of his son are slim. He knows that, but is there anything he can do?


Asked by Courtney610 at 9:28 AM on Sep. 7, 2010 in Parenting Debate

Level 17 (4,718 Credits)
This question is closed.
Answers (7)
  • Him going for custody is not a slim chance he has every right to go for custody just as much as she has the right. His criminal record will not have anything to do with this. Unless it was a sex crime or something of that nature. So pretty much whoever files the paperwork first has the better chance. As long as he has a roof over his head and his life in order and the means to take care of the child then there's no reason he shouldn't go for it.
    Momma i have to run out the door right quick i really would like to help you all out on this and i have more to say so please PM me the whole situation and i will get back to you in a few hours. If you feel comfortable. My hubby and I are doing this right now. Hope to hear from you.

    Answer by raemommy at 9:39 AM on Sep. 7, 2010

  • Unfortunaly if where she's moving is in the same state there is not much he's going to be able to do about it. If she's moving out of state he can go to court and ask that the child not move out of state, which is something that happens all the time. otherwise he can go to court and try to have something worked out for visitation, meeting half way or something to help accomidate the long trip. He has options he just has to work for what he wants. GL to him.

    Answer by Finkette at 9:32 AM on Sep. 7, 2010

  • do they have a custody agreement from the courts or is he on the birth cert?

    Answer by springsmom0322 at 9:33 AM on Sep. 7, 2010

  • He is on the birth certificate, but they do not have a custody agreement, yet.

    Comment by Courtney610 (original poster) at 9:35 AM on Sep. 7, 2010

  • I know in WI, the one parent has to contact the other if they are planning on moving more than a 150 miles from the other parent, and he can fight it if she is moving that far

    Answer by BradensMom1026 at 9:41 AM on Sep. 7, 2010

  • He should call the family court and find out what the law is in their state. He probably cannot prevent her from moving, but can make sure he gets visitation.

    Answer by riotgrrl at 11:39 AM on Sep. 7, 2010

  • Tell him to get a hearing for emergency custody, he needs to call the courthouse for that. no matter what he needs to go to court. She has no more right to the child than he does. His criminal record will not even be brought up as long as he is the bio father.

    Answer by matthewscandi at 12:31 PM on Sep. 7, 2010