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shanap2406 · Aug 10, 2008, 04:59 PM

Ok so my brother and his ex girlfriend have a 3 year old daughter together. They split about 3 months ago. When they split she wrote up a paper and had it notorized stating that my brother and her would have joint custody of Kyra and that Kyra would live with him and in return for that she would get to keep my brothers car that belonged to my mother before she passed away. They both signed it and got it notorized. Then a little over a week ago she came to get Kyra for an overnight visit... the second one she had... and said she would bring her back on Friday... the next day. Things were fine and then by Friday afternoon my brother was starting to get worried. He kept calling and calling and then finally she sent him a text message that she would be bringing her back on Saturday instead and then she turned off the phone. Late Friday night she called him finally and told him that she had taken Kyra with her to Utah and that she left the car in another state almost 100 miles from here. She told him that was the only way she could do it and that he could call whenever he wanted to talk to Kyra but that was it. Then 2 days later she got mad and told him to stop calling and she would have Kyra call him when she wanted to talk... now mind you she is only 3. Now she has refused to answer the phone and he has not talked to her for days.

What are his options?

He is trying to sell the car for an attorney but will she have to come back to Indiana?

He has Kyra's birth certificate and her social security card... will he have to get a DNA test done to establish paternity?

Anyone know of a cheap good lawyer?

Any help on this would be great.

JudyKayTee · Aug 10, 2008, 05:08 PM

Originally Posted by shanap2406

Ok so my brother and his ex girlfriend have a 3 year old daughter together. They split about 3 months ago. When they split she wrote up a paper and had it notorized stating that my brother and her would have joint custody of Kyra and that Kyra would live with him and in return for that she would get to keep my brothers car that belonged to my mother before she passed away. They both signed it and got it notorized. Then a little over a week ago she came to get Kyra for an overnight visit...the second one she had...and said she would bring her back on Friday...the next day. Things were fine and then by Friday afternoon my brother was starting to get worried. He kept calling and calling and then finally she sent him a text message that she would be bringing her back on Saturday instead and then she turned off the phone. Late Friday night she called him finally and told him that she had taken Kyra with her to Utah and that she left the car in another state almost 100 miles from here. She told him that was the only way she could do it and that he could call whenever he wanted to talk to Kyra but that was it. Then 2 days later she got mad and told him to stop calling and she would have Kyra call him when she wanted to talk...now mind you she is only 3. Now she has refused to answer the phone and he has not talked to her for days.

What are his options?

He is trying to sell the car for an attorney but will she have to come back to Indiana?

He has Kyra's birth certificate and her social security card...will he have to get a DNA test done to establish paternity?

anyone know of a cheap good lawyer?

Any help on this would be great.

Who owns the car - who has title? In order to sell the car your brother has to have clear title AND possession of the car. It is not stolen - he said she could take it.

Yes, he will need paternity testing to establish paternity - this is a Court proceeding in Family Court (or the Court which handles these matters in your area). Support will be ordered paid by the Court by the non-custodial parent, visitation will be set.

Attorneys sponsor this site - call one of them.

And then the million dollar question back to you - why did your brother attempt to set up child custody without using the Courts? It happens over and over again on these boards - and now the mother and child are in some other State and your brother has to pursue them in order to get custody of his child.

I do not understand the agreement that in exchange for leaving the child with your brother the mother would live with your brother AND get use of a CAR - ! This is not going to play well with the Court - at least in my area. The notarized paper is going to mean nothing in the long run.

shanap2406 · Aug 10, 2008, 05:19 PM

Originally Posted by shanap2406

Ok so my brother and his ex girlfriend have a 3 year old daughter together. They split about 3 months ago. When they split she wrote up a paper and had it notorized stating that my brother and her would have joint custody of Kyra and that Kyra would live with him and in return for that she would get to keep my brothers car that belonged to my mother before she passed away. They both signed it and got it notorized. Then a little over a week ago she came to get Kyra for an overnight visit...the second one she had...and said she would bring her back on Friday...the next day. Things were fine and then by Friday afternoon my brother was starting to get worried. He kept calling and calling and then finally she sent him a text message that she would be bringing her back on Saturday instead and then she turned off the phone. Late Friday night she called him finally and told him that she had taken Kyra with her to Utah and that she left the car in another state almost 100 miles from here. She told him that was the only way she could do it and that he could call whenever he wanted to talk to Kyra but that was it. Then 2 days later she got mad and told him to stop calling and she would have Kyra call him when she wanted to talk...now mind you she is only 3. Now she has refused to answer the phone and he has not talked to her for days.

What are his options?

He is trying to sell the car for an attorney but will she have to come back to Indiana?

He has Kyra's birth certificate and her social security card...will he have to get a DNA test done to establish paternity?

anyone know of a cheap good lawyer?

Any help on this would be great.

He does not have the money for an attorney... he was working on saving up for one... it is $450 just for the paternity test... before she left him she was taking all of their money that he gave her to pay the bills and spending it going out to eat with her friends and buying herself clothes. He has the car... it is in his name only and he has the title. The agreement that she made up herself was that Kyra was living with my brother in exchange for her getting the car. His ex was not living with him... just the 3 year old. He has been living paycheck to paycheck just to pay the back bills... I am at my wits end because she will not even let my kids or me talk to Kyra and my kids and I have done nothing... I watched Kyra for them both for free and helped out whenever I could... but I have 4 kids of my own and now they are hurting because she called and screamed at my oldest daughter that we were never seeing Kyra again because she won...

stinawords · Aug 10, 2008, 05:31 PM

Well he really needs to get into court ASAP. Now that she is in a different state it will be harder than before. It would have been less expensive if he had done it right from the beginning but I know that's a tough lesson to learn. As judy said that piece of paper is basically worthless in court because you can't trade a kid for a car it just dosen't happen like that. If he really wants her back bad enough he might have to start with out a lawyer if he can't afford it because the longer he waits the harder it will be.