Check out some similar questions!

heatherharney · Jul 13, 2011, 05:50 PM

My brothers wife left my house due to a split up and resulting in a divorce soon. She has dropped her son off at her brothers house in a different county and refuses to keep my brother updated on his child the brother is keeping him updated out of respect that my brother is his parent. Her brother has baught the child everything he needs thus far with out the mother providing anything to support him. The baby is 2 years old, And has been with the brother for 3 weeks now.I Live in Florida. What can be done if anything is it too soon? Is there a time frame?

cdad · Jul 13, 2011, 06:01 PM

He needs to file for custody ASAP. Was the divorce made final and was there a custody issue that has been resolved? Is there a current custody order and how old is it if it exists ?

ScottGem · Jul 13, 2011, 06:11 PM

The wife's brother has no legal standing or right to the child. Your brother can simply go pck him up since he's the legal father.

But your brother should immediately file for custody. Abandonment does not enter into this except as grounds for a change in custody. The issue is getting custody.

heatherharney · Jul 13, 2011, 06:16 PM

No custody order the divorce just started he just received his papers this week

heatherharney · Jul 13, 2011, 06:20 PM

What if the brother will not let him get the child and my brother was living with his wife in one part of Florida then when they split up she went with the baby to another part of Florida and filed the divorce there and her son is in a different county than she is so what can he do if the brother won't give the child up if that be the case?

Fr_Chuck · Jul 13, 2011, 06:21 PM

It was confusing, since you said divorce soon, if they are just filing, a final divorce could be a year or more away, if they fight over various items.

If the father is on the birth certificate he can merely go and get the child. He can use the fact that she left the child in asking for custody of the child.

ScottGem · Jul 13, 2011, 06:28 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Your brother has a copy of his child's birth certificate? He takes it with ID proving he's the father. He goes to the local police shows them the proof and tells them he is going to pick up his son, but he's not sure his brother-in-law will turn him over. The police might not help though.

Your brother might have to file for emergency custody and take the custody order to pick up his child.