without filing for custody first? niether has sole custody. we are in memphis,tn and his girlfriend ran off to san jose,california. my bro has hired an attorney and has a court date set up. answer all questions please! its been a little over a month now and my bro's gf has no insurance or job an is an illegal alien, IM REALLY WORRIED ABOUT MY NIECE AND UNBORN NIECE/NEPHEW
Answers:
Seek legal advice. Parental rights vary from state to state. Anyone who is qualified to answer your questions will not do so on here, and thus you are getting a whole bunch of wannabe lawyers giving you bad information. Please do not base any substantive decisions on "advice" from here. Good luck!
Add: I can't resist commenting on the post above mine. sophie, she is the MOTHER. What in the WORLD are you thinking?
What are the custody arrangements for the 1st born? Unfortunately the fact that they are unmarried and the children are/will be of "tender" age the mother has the best chance of keeping them and your brother will end up paying child support and getting visitation rights. It really is a mess for the dad when the parents aren't married. Unless she is a drug addict or abusive he can pretty much forget custody and will have to settle for visitation and child support. You need to try and remain friendly with her(hard to do) and then she may let you visit the kids in Cali, but you won't have any rights to them. It is a sad situation and a difficult one for your family. Good luck and God be with you and your brother.If she is an illegal alien perhaps he can see about having her deported after the baby is born and get custody of the infant and the older child as they are US citizens. If she decides to leave the country with them it will be very difficult then.
Yes, she sure can. If there's no custody order from a court she can move to France if they'll take her. If there's a chance she's going to leave the court's jurisdiction where your brother has filed he needs to inform his attorney. They should be able to get an emergency order to keep her there until a hearing can be held.
When babies are born out of wedlock, the mother inherently has full custody until paternity is established. So mom can do whatever she wants. At this point your brother has no legal rights to the children other than his claim that he is the father. If she has no job or insurance she can get on public assistance, so at least you know that the children will be provided for. But hiring a lawyer is the best thing that your brother could have done, although as someone mentioned it is possible that she may file in San Jose (but they probably will not let her, because you have to file for custody in the place where the children lived for the previous six months).
If she is the biological mother and there has been no paternity established she may go where she likes. If you are concerned about the children's welfare and it seems that you know where she is, contact the Department of Social Services in San Jose, California and report her. ultimately I would STRONGLY suggest that your brother establish paternity otherwise he has no LEGAL rights to the children.
get up go to your car get in . now go get the 1'st child then sue the _itch for custody of the unborn child.
say what? no ex or girlfriend has any right to do anything at all. Call your attorney immediately.
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