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3 Bumps

Custody Question

My brother has a 2 yr old son that I love very much! He and the babies momma are not together and not really getting along. The main reason for their arguing is she has met a new guy and wants to move to the beach with him and take the baby. She does not take care of him, she leaves him with her Mom and my Mom and me all the time to go out and stay at her Bf house. She is incredibly selfish never buys the baby anything, me and my Mom had to buys him summer clothes. Cause she keeps all his good things my brother buys him at her house. Question: What are the chances of my brother getting custody of him so she cant take him to the beach to live?

Answer Question

Asked by greenbeanmoma at 2:13 PM on May. 18, 2011 in Relationships

Level 12 (756 Credits)
Answers (27)
  • honestly, unless he can prover her unfit sadly not good

    Answer by peanutsmommy1 at 2:16 PM on May. 18, 2011

  • Probably slim and none. Most judges will not award custody to the father over the mother unless there is drug use, extensive criminal history, mental disability something like that. More than likely he would get shared custody of the child.

    Answer by treynlisa at 2:18 PM on May. 18, 2011

  • Its so unfair! My brother takes such good care of him, he had him for 2 weeks about a month ago and had him completely potty trained he went back to his Moms and she put diapers back on him!

    Comment by greenbeanmoma (original poster) at 2:19 PM on May. 18, 2011

  • Like PP states, unless he can prove her unfit, he will not get full custody. BUT, if she is moving very far away, he may be able to get a 'stay to vacate' Since the move can limit his ability to be involved in the childs' life, a judge can stop her from moving. Especially if it interferes with any visitation order.

    Answer by Jademom07 at 2:19 PM on May. 18, 2011

  • So what would be "proof" of being unfit?

    Comment by greenbeanmoma (original poster) at 2:23 PM on May. 18, 2011

  • A parent can't just up root a kid for no reason or to move in with her boyfriend the courts going to want to know how long they have been together why they are moving do they have a place to live or jobs. But if they never went before for custody it's 50/50 and she can take off with the baby or if your brother has him he can keep him until a arrangement is made. And she will most likely have to pay for transportation so he can see the baby since she was the one moving if they already have things on paper. Your brother should file for full custody if shes not taking care of him, and you and your mom can back that up in court. Make sure you write down when you guys have them for how long. And what you spend on him because shes not providing him with necessary clothing. I'd have him file saying he worries about the child welfare with her moving because the amount of time she leaves him with other people and any other problems.

    Answer by letlovegrow2524 at 2:25 PM on May. 18, 2011

  • Most of the time I'm all for the mother to have the baby but since shes not taking care of him, and his dad is more then willing more power to him. Good LUCK!

    Answer by letlovegrow2524 at 2:26 PM on May. 18, 2011

  • Does he get diaper rash? How long does she leave the child in the care of others? Does she pick him up when she says she will? Does she not show up for days after she said she would pick him up? That's abandonment. Does she work? (I guess not) Does she feed him well? Suggestion: when you buy him clothes, keep them at your house for when he visits. That way you know he will have clean clothes and you will spend less. Tell your brother to do the same.

    Answer by Kimimale at 2:28 PM on May. 18, 2011

  • There is no law saying a father will automatically lose, regardless if the mother is unfit. He needs to establish a routine for the baby and document EVERYTHING and receipts for EVERY penny he gives her, keep every receipt for EVERYTHING he purchases. He needs to establish a doctor, daycare where he lives. If he can show his son is on a routine, the judge will see no good reason to disrupt it. Father's just assume the laws favor mother's so they don't even try. If there is no custody order in place, there is nothing against your brother keeping him and not giving him back, if she's shows up or threatens your brother call the police and file a TRO. I've been through this with my DH for seven years and with my own DS for six and we have custody of both.

    Answer by yesmaam at 2:29 PM on May. 18, 2011

  • I am usually for the mother also, but this is totally different. She really has alot of growing up to do!

    Comment by greenbeanmoma (original poster) at 2:29 PM on May. 18, 2011

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