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My brother needs help to gain custody of his daughter.

The mother of my brother's daughter gave birth to her while in prison for child abuse charges. She turned the baby over to my brother 2 days after she was born and he has been raising her for 3 years now, on his own.

There was contact between the two of them at the beginning but she has only written to the baby twice and hasn't tried to contact my brother since.

She will be getting out of prison in January, 2009 and he received a letter from the State of Arizona stating that she wants her daughter back when she gets out. She also has 2 other children she will be fighting for (each with a different father).

My brother recently moved to Texas to start a new life and is doing great but can't afford a lawyer so he called Legal aide and was told that because she has a case with them they can't help because it would be conflict of intrest.

Is there anyone here who knows where he can go to get help with this issue?

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Susan0976

Asked by Susan0976 at 12:34 PM on Dec. 9, 2008 in Relationships

Level 1 (0 Credits)
Answers (8)
  • try your local law library its filled with info I think he can file for full custody before she gets out I know this is not much help but the law library helped my sister a lot good luck

    Anonymous

    Answer by Anonymous at 12:37 PM on Dec. 9, 2008

  • He needs to get in touch with a lawyer or legal aid. He should have gotten something firmed up for custody before this but since he didnt, all he has to do is petition for emergency custody like ASAP and state why. The judge should give him a temp order of custody until she gets out then she would have to come to TX to fight for custody and visitations. If hes lived in TX with the child more then 6 months then thats the state that holds jurisdiction. He can also contact child protective services with his concerns and see if they cant intervene and put in place a safety plan.
    gemgem

    Answer by gemgem at 12:37 PM on Dec. 9, 2008

  • im not sure where else he can go but tell him not to stress hes had the child for 3years the baby doesnt know its mother no judge is really gooing to take a child from the parent whos raised this child and give it to a women who the baby doesnt know plus shes a known child abuser so that doesnt help her case any.
    Mommy2B04

    Answer by Mommy2B04 at 12:38 PM on Dec. 9, 2008

  • She has a case with legal aid in Texas? If he is in the Houston area have him call Houston Volunteer Lawyers, you should be able to find that online or in the phone book.
    Geminus

    Answer by Geminus at 12:45 PM on Dec. 9, 2008

  • He still needs to file because judges WILL allow visits and take a child and place them back. Its a huge myth to say it cant happen ecspecially if he hasnt filed anything in Texas and she files in a diff state. He needs to make sure he has all the documentation and proof hes had the child and her arrest record.
    Anonymous

    Answer by Anonymous at 12:46 PM on Dec. 9, 2008

  • Sorry, Mommy2B04. But the courts all too often don't put the best interest of the child first. However, the fact that she has a history of child abuse will strengthen his case. He is going to have to get an attorney. Contact a local law school and ask if they can suggest a way to get some legal help without spending a fortune. Too often, mom's are presumed to be the best parent even when there is evidence to the contrary. So he needs to act fast and be very pro-active.
    One need look to adoption cases where the b-mom comes back years later and manages to get the child back from the adoptive parents. He needs to find a lawyer who will represent him and let him make payments for the services. Good luck.
    mommy22miracles

    Answer by mommy22miracles at 12:48 PM on Dec. 9, 2008

  • He can apply for services with the Attorney General's Office. They are a free service that assists in setting up child support, custody, visitation in Texas. www.oag.state.tx.us
    Anonymous

    Answer by Anonymous at 12:53 PM on Dec. 9, 2008

  • There is also a group out there called, I think, Father's Rights. They fight for the fathers, duh. LOL But you should be able to find them if you Google them. Good luck.
    Crazy-Steph

    Answer by Crazy-Steph at 1:09 PM on Dec. 9, 2008

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