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Fathers Rights! My brother's girlfriend said he would NEVER see his son...

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  • Fathers Rights! My brother's girlfriend said he would NEVER see his son...

    Hi I am in need of some adivce/help!!!. I am trying to help my brother figure out what his rights are as a father. Just about 10 years ago he and his girlfriend had a son and she took off with him and told my brother he would NEVER see his son and also told us his family we would never see him either. She gave my brother NO choice except to look and wonder where his son was and has been all these years. There has been a paternity test done and he is the father, thank goodness for Child Support and the DA's office. Just within the last 3 weeks my brother and us His Family have finally learned the where abouts of his son because the mother had all of her children taken away from her and put with her side of the family and he received paper work from the DA's office letting him know that his son was no longer in the mothers care and with the step-father. She has told the Social Worker that she will NOT sign any papers for us to have any contact with my brothers son. My brother is incarcerated at the moment but when he gets out this year he wants to have contact with his son. We have also been told that because there has been another man in his life all these years that it might be hard for my brother to have any rights as his biological father. Any help out there would be GREATLY appreciated!! Thank you for taking the time to read this.

  • #2
    Re: Fathers Rights! My brother's girlfriend said he would NEVER see his son...

    I wish to inform you that a father can also have custody or visitation rights of the child. In matters relating to custody of children, welfare of child is the main consideration. In this, the court generally allows father to have visitation rights so that child grows in care of both the parents. Your brother can go to court and can demand his right to see his child. In this your brother can demand visitation or custody. If the child is in custody of step father that does not mean that the biological father cannot meet his child. Further, your brother can argue that it is in the child’s best interest that he should be allowed to meet both the parents so that he can grow up with love and care of both parents. While he has been incarcerated and this will be noted by the court in determining the best interests of the child, yet his rights as a father remain. Further, in some States the grand parents also have visitation rights of the child.

    AFF

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