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| Child Custody & Support Child custody, support and visitation. |
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#1 |
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Posts: n/a
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I have this friend that lives in MA and well she pregnant and has nothing to do with the babys dad.. They been friends for years and well one drunk night they slept together.. She found out she was pregnant and well he told her to her face that the baby wasnt his.. So she droped it and left it at that.
Now his brother has been asking questions and has told her that he knows that the baby is his brothers and that him and his girlfriend are going to to take her to court and take the baby from her. Even if his brother wants nothing to do with it. Can they do this? I told her they couldnt but well i not really clued up on USA family law as im from the UK. thanks for the help. |
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#2 |
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Junior Member
Last Online:
Oct 31st, 2006 08:16 PM Join Date: Oct 2006
Posts: 4
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I'm from Canada so I'm not sure about the states but I know here,a mother will usually get to keep custody unless she is proved unfit.And I'm definately sure that a brother of the father cannot take the baby.How could they? its her baby.If the father doesnt want anything to do with the baby,she should be thankful and move on with her life.I wish my ex would leave us alone so me,MY son and my boyfriend could get on with our lives.I don't think she has anything to worry about unless the dad gets involved and shes not fit to be a mother but hes a fit father
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#3 |
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Posts: n/a
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Thanks for the help.
That's pretty much what I told her aswell but i just wanted to make sure. The babys father is seeing someone new and is quite happy to walk away and not claim the child as his.. But now his family is stepping in.. as it be the first grandchild, niece/nephew. She's told them she wont stop them from seeing the baby if thats what they want. Anyway thanks again for the help x |
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#4 |
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the brother has no rights to take the baby...I agree
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#5 |
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Veteran Member
Last Online:
Jan 21st, 2007 09:39 PM Join Date: Nov 2006
Location: Carrollton , Michigan
Posts: 37
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Well I am from the US the only way that they can take that child from her is if they can prove her unfit as a mother and caretaker. The father would have to want the child and acknowledge the Child.. The other thing is that even if the father doesn't want anything to do with the child the thing that she needs to inform the family is that if they keep fighting for this child what will happen is she will have to list the father on the birth certificate and then they will go after him for paternity and if it comes back that it is his then he will have to pay child support on that Child and have visitation unless they are willing to go to court and sign some papers stating he doesn't want nothing to do with that child.. then that would be there choice and then after that the others would have no choice but to leave it.. But they can fight to see the child cause it is there grandchild and or niece nephew but the only thing that could happen that i see is that the judge would say it's up to the mother to allow that since there is no longer grandparents rights out there only if the mother or father are proved to be unfit does the grandmother or uncle / aunt have a chance to take the child the judge would ask that they get to see the child but if I were her I would not allow cause then that opens a new whole thing If the father signs off cut all ties and call it good cause then there is no problems.. That may sound mean but this way they have nothing to stand on with grandparent and child relationship so just cut all ties...
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