I have a question concerning my niece. She is 2 years old and is my brothers child. Paternity has not been established. My brother has always supported the child and once he and the child's mother split up he continued to support the child and always had visitation. Since April my brother has been staying with me and the mother would drop the child off for days and weeks at a time with out calling or visiting. We have now had the child for 7 weeks with no contact with the mother. The mother is on drugs and has been for some times. We have heard from family and friends that she is doing other things. I guess my question is how do we file child abandonment charges and take custody of the child? If a paternity test is taken and it proves to not be my brothers child can we still get her or would she go into foster care?

Thanks,
Bridget Shugars

If paternity does not turn out to be his, you could possibly win custody simply because the real father may never be known and the mother sounds like a dead-beat.

The very first thing you should do is contact a lawyer and at least schedule a consultation. Laws can differ in each state and they can help you navigate the difficult road ahead. I would think 7 weeks with no contact would certainly qualify as abandonment though.

(Much luck to you... thank goodness that little girl has some good people in her life)

Is your brother on the birth certificate?

In either case, HE should file for Full Custody in your local family court.

Go to Family Court and file a motion for custody. Your brother will have to submit to a DNA test to prove paternity. If the test comes up negative that won't necessarily preclude him from getting custody but an effort would have to be made to locate the father.

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Originally Posted by ScottGem

Is your brother on the birth certificate?

In either case, HE should file for Full Custody in your local family court.

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No he is not on the birth certificate. He did not have proper ID to sign it when she was born.

Quote:

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Originally Posted by bshugars

no he is not on the birth certificate. He did not have proper ID to sign it when she was born.

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Then he will need to file in Family court and submit to a paternity test.