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Looking for info/direction for my brother and his baby....

Posted by on Apr. 24, 2014 at 2:46 PM
  • 13 Replies

 My brother who is 31 years old. Has a 6 month old baby. He and his girlfriend ( the babys mom) are living together in a home that my brother pays for. Everything is in my brothers name, because he is the one with a job and he is the one who put everything together.

Anyways here is the issue. The girlfriend ( babys mom) has 3 other kids. 2 of them she doesn't have custody of, because CPS took them away for other reasons. She has one of them with her, besides the baby she has with my brother.

My brother is wanting to break up with her and walk away from her all together because she doesn't work, doesn't clean anything, doesn't take care of the baby - nothing. She has a pill problem and takes the pills and sleeps all day and night, while my brother works, then comes home cleans the house and takes care of the baby and her 8 year old from a previous relationship.

Ok, here is where things get a little off. My brother did 14 years in prison for murder. He had no priors and no other charges before that, the murder wasnt something he planned, it was a fight that turned bad and the other person died from the injuries of the fight. My brother is a good guy. he wants his baby and knows if he stays with this girl , life won't be good for him or the baby.

He is worried that if he leaves, they won't let him have the baby because of his prior conviction for murder. He said he knows the girlfriend ( babys mom) won't fight him on taking his son because she could care less, but he is worried that if he leaves with his son that cps or someone will step in and take his baby and place the baby in foster care.

thoughts? info? facts?

by on Apr. 24, 2014 at 2:46 PM
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Replies (1-10):
christina122952
by on Apr. 24, 2014 at 3:04 PM
Talk to a lawyer or someone who can help him out. I wish your brother luck.
Jinxed8
by Gold Member on Apr. 24, 2014 at 3:58 PM

what a mess .... call a lawyer

kyledavidsmom
by Tara on Apr. 25, 2014 at 1:10 AM
I agree talking to a lawyer is his best bet. He needs to make sure he is doing everything the right way.

Quoting christina122952: Talk to a lawyer or someone who can help him out. I wish your brother luck.
IQuitCounting
by Bronze Member on Apr. 25, 2014 at 1:21 AM
2 moms liked this

Talking with a lawyer is def. a good idea.  Now, if he's not worried about her caring if he takes his son... what's the big deal.  If he has been established at the father (his name in on the birth certificate) and there's no reason for CPS to be called i.e. abuse, drug use, neglect, etc. I don't get why he's afraid.  His past is his past and if he served his time and had since proven himself to be a productive member of society and most importantly a good father that provides for his son and cares of him... the court isn't going to take his son because of his past, especially since his past doesn't involve a crime against a child, or a sexual crime.  Murder is big, obviously, but again, it's his past and... was he really convicted of murder?  Was a weapon involved?  If it was just a fist fight usually it's a manslaughter charge because it's not premeditated.  Not that that's important, I'm just curious.

Anyway, she's the only one that could cause a stink about him taking the baby, although it would be in his best interest to get custody the legal way, because otherwise she could cause him problems later down the road.

ambcortez
by Bronze Member on Apr. 25, 2014 at 1:24 AM

I would talk to a lawyer. I've never been in a situation like this and can't really offer any useful tips :\ Sorry. But maybe there's a way you can file a statement that he's responsible or if you're able to (in the event he doesn't get custody) take the baby? That way it isn't in foster care, but with family. I dunno. I hope good things come from any decisions.

christina122952
by on Apr. 25, 2014 at 1:29 AM
Quoting kyledavidsmom: I agree talking to a lawyer is his best bet. He needs to make sure he is doing everything the right way.

Quoting christina122952: Talk to a lawyer or someone who can help him out. I wish your brother luck.


Good luck.
CafeMom Tickers
Ricksmama
by Member on Apr. 25, 2014 at 8:40 AM
Like everyone else said call a lawyer,
withsecond
by on Apr. 25, 2014 at 10:56 AM

Wow... What a mess. 

Call a lawyer. Nobody in here can tell you how things will go. 

LivinDeadGurl
by Maranda on Apr. 26, 2014 at 8:19 PM

CPS won't come and take the child unless someone calls on him. 

Regardless though, I would see a lawyer to make sure he has all his ducks in a row.

diaperstodating
by Angel on Apr. 28, 2014 at 12:05 AM
I agree, talk with a lawyer.
I think your brother should go to court and get custody the legal way .
Are you concerned about the safety of her eight year old when he leaves?
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