Can she take him away?

Andrea - posted on 12/18/2012 ( 5 moms have responded )

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This is not referring to me. My brother-in-law has a 6 year old son. His ex girlfriend, which is his son's mom had full custody of my nephew. My brother-in-law had him every other weekend and Tuesdays and Thursdays. She left town probably about 3 months ago and left my nephew with my brother-in-law. He has cared for him ever since. She left to be with an ex-boyfriend. She calls my nephew everyday. Does she have the right to come and take him now that she abandoned him?

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Ami - posted on 12/18/2012

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Your brother in law needs to get a lawyer and go to court ASAP because as it stands it sounds like she has primary custody in the existing custody agreement which is what the law recognizes if your brother in law gets that agreement changed while the child is still in his care and proves she abandoned him then no she can't but he NEEDS to do it be for she comes and takes him. Your brother in law needs to have it changed so he is the custodial parent and where she has been gone for 3 months it shouldn't be too hard. Other wise yes she has every right to come and take him and your brother in law is in for the fight of his life.

Lakota - posted on 12/18/2012

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Your brother-in-law needs an attorney. She abandoned him and your brother-in-law should get full custody. But, he can't just tell her no. This has to be enforced legally.

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Ami - posted on 01/11/2013

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That is so good to hear! I am so glad he took the steps he did. I am guessing this has taken some stress off the family. Just remember this is unfortunately this is an issue until his son is 18 yrs old, but this sets an amazingly good precedence for the rest of your nephews life. Unless your Brother-In-Law does something really stupid he will probably remain his son's primary care giver.

Andrea - posted on 01/11/2013

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So to update on our situation, my brother in law recently had a court date. His ex-girlfriend actually showed up. The gave him primary custody at this time and if she wishes to see him at any time he has to approve it (monitored). I believe the court feels she may flee with him. In order for her to gain any kind of custody she has to take him back to court!

Ashley - posted on 12/18/2012

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since the court order says she has full custody, then yes, she can come take him. your brother needs to get a lawyer and go for custody asap.

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